How is an investment law enforced?
Investment law is enforced in California by legal agencies, such as the Office of the Attorney General, the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Internal Revenue Service (IRS), and other state and federal agencies. These agencies investigate allegations of securities law violations and enforce applicable regulations against individuals, businesses, and organizations guilty of any unlawful investment activity. When an investigation reveals that a securities law violation has occurred, the responsible agency will bring a civil or criminal action against the offender. Civil actions often result in fines and may include disgorgement of illegal profits. A criminal action could result in fines, restitution, and/or a jail sentence. In addition, the guilty party may be subject to further administrative or disciplinary action from the responsible agency. For example, the SEC may restrain the offender from future activities in the securities markets, revoke their registration, or bar them from acting as a broker-dealer or investment advisor. In some cases, the agency may require a "cease and desist" order, which requires the offender to stop any further violations and comply with all laws and regulations. Violations of these orders can result in further punishments, such as fines or additional sanctions. Additionally, a court may issue injunctive relief, which can include orders to pay a certain amount of damages or return any profits gained through the illegal activity. Finally, the agency may refer the case to a state or federal court, which could potentially issue a criminal or civil judgment. This could lead to criminal prosecution, fines, and possibly a jail sentence.
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