§ 7-15-4 - Civil remedies – Actions by attorney general and injured persons. - Rhode Island Statutes

SECTION 7-15-4

   § 7-15-4  Civil remedies – Actions byattorney general and injured persons. – (a) The superior courts of the state have jurisdiction to prevent and restrainviolations of this chapter by issuing appropriate orders, including, but notlimited to:

   (1) Ordering any person to divest him or herself of anyinterest, direct or indirect, in any enterprise;

   (2) Imposing reasonable restrictions on the future activitiesor investments of any person, including, but not limited to, prohibiting anyperson from engaging in the same type of endeavor as the enterprise engaged in;or

   (3) Ordering dissolution or reorganization of any enterprise,making due provisions for the rights of innocent persons.

   (b) The attorney general may institute proceedings under thissection. In any action brought by the state under this section, the court shallproceed as soon as practicable to the hearing and determination of the action.Pending final determination of the action, the court may at any time enter anyrestraining orders or prohibitions, or take any other actions, including theacceptance of satisfactory performance bonds, as it deems proper.

   (c) Any person injured in his or her business or property byreason of a violation of this chapter may sue in any appropriate court andshall recover treble damages and the cost of the suit, including a reasonableattorney's fee. In order for an injured person to recover pursuant to thissubsection, it is not necessary to show that the defendant has been convictedof a criminal violation of this chapter.

   (d) A final judgment or decree rendered in favor of the statein any criminal proceeding brought by the state under this chapter shall estopthe defendant from denying the essential allegations of the criminal offense inany subsequent civil proceeding brought by the state.

   (e) In addition to or in lieu of the criminal forfeitureprocedure of this act, any property described in § 7-15-3 is subject tocivil forfeiture pursuant to this section.