6.1-303 - (Repealed effective October 1, 2010) Authority of Attorney General. - Virginia Statutes

§ 6.1-303. (Repealed effective October 1, 2010) Authority of Attorney General.

A. 1. Whenever the Attorney General has reasonable cause to believe (i) thatany person, not licensed under this chapter, is violating, has violated, isthreatening to violate or intends to violate any provision of this chapter orany order or regulation lawfully made pursuant to the authority of thischapter and (ii) that the facts justify it, the Attorney General shallinstitute and prosecute a lawsuit for monetary or injunctive relief or bothin the Circuit Court of the City of Richmond, in the name of theCommonwealth. The court may grant monetary relief or may enjoin and restrainor both any such person from engaging in or continuing any such violation orfrom doing any act or acts in furtherance thereof. In any such suit a decreeor order may be entered awarding such monetary relief or preliminary or finalinjunctive relief as may be deemed proper. In addition to all other meansprovided by law for the enforcement of an award of monetary relief, atemporary restraining order, temporary injunction, or final injunction, thecourt shall have the power and jurisdiction to impound, and to appoint areceiver for (i) the property and business of the defendant, including books,papers, documents, and records pertaining thereto, or (ii) so much thereof asthe court deems reasonably necessary to prevent further violation of thischapter through or by means of the use of such property and business, or(iii) so much thereof as is necessary to identify borrowers who have beendamaged and the amount of their damages, and to refund the amount of any suchdamages to the borrowers pursuant to subdivision 2 of this subsection. Thereceiver, when appointed and qualified, shall have such powers and duties asto custody, collection, administration, payment of debts and liquidation ofthe property and business as from time to time are conferred upon him by thecourt.

2. The Attorney General may seek and the circuit court may order or decreesuch other relief allowed by law, including restitution to the extentavailable to borrowers under subsection B of § 6.1-308.

3. In any action brought by the Attorney General by virtue of the authoritygranted in this section, the Attorney General shall be entitled to seekattorney's fees and costs.

B. Nothing in this article shall be construed to preclude any individual orentity who suffers a loss as a result of a violation of § 6.1-249 frommaintaining an action to recover damages or restitution under subsection B of§ 6.1-308.

(Code 1950, § 6-322; 1966, c. 584; 1988, c. 186; 1992, c. 9.)