What are the consequences of failing to register securities?

In Washington, failing to register a security can be a serious violation of securities fraud law and can lead to a variety of consequences. Depending on the severity of the offense, an individual or company that fails to register a security may face civil and/or criminal penalties. Civilly, a person or company that fails to register a security may face hefty fines, disgorgement of profits, restitution to injured investors, and even a court-ordered ban from the securities industry. These penalties may also be supplemented with civil forfeiture, which allows a court to take possession of unlawfully acquired assets or property. Criminally, a person or company that fails to register a security may be prosecuted for violations of securities law. If convicted, the offender may face fines, imprisonment, and even a forfeiture of any profits earned. In addition, the offender may be ordered to pay restitution to any injured investors and subjected to other sanctions by the state government or federal government. In both civil and criminal cases, a person or company that fails to register a security may also be subject to an injunction prohibiting the continued offering of that security. This means that the person or company would be ordered by the court to stop offering that security in Washington and have any registration applications that remain in process be denied. Thus, the consequences of failing to register a security in Washington can be severe. To avoid potential penalties, it is important for individuals and companies to make sure that they are compliant with all applicable securities law and regulations.

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