Financial Institutions

Community Obligations and Banking Offenses

SECTION 19-9-30

§ 19-9-30. Injunctions against fraud.

(a) The attorney general is hereby empowered to bring an action in the name of the state in any court of competent jurisdiction for restraining orders and injunctive relief to restrain and enjoin violations or threatened violation of the provisions of §§ 19-9-23 and 19-9-29.

(b) If any person, firm, corporation, or other legal entity is alienating or disposing of property, or intends to alienate or dispose of property obtained as a result of a violation of §§ 19-9-23 and/or 19-9-29, or property that is traceable to this violation, the attorney general may commence a civil action in any court of competent jurisdiction:

(1) To enjoin the alienation or disposition of property; or

(2) For a restraining order to:

(i) Prohibit any person from withdrawing, transferring, removing, dissipating, or disposing of any of the property or property of equivalent value; and

(ii) Appoint a temporary receiver to administer the restraining order.

(c) A permanent or temporary injunction or restraining order shall be granted without bond. The court shall proceed as soon as practicable to the hearing and determination of an action and may, at any time before final determination, enter a restraining order or prohibition or take other action as is warranted to prevent a continuing and substantial injury to the state or to any person or class of persons for whose protection the action is brought.

History of Section.
(P.L. 1995, ch. 82, § 47.)