What are the penalties for securities fraud?

The penalties for securities fraud in South Dakota can vary greatly depending on the severity of the crime. Generally speaking, securities fraud is a white collar crime that involves the intentional deception of investors or other individuals for the purpose of obtaining financial gain or material benefit. For a first-time offense, an individual may face a misdemeanor charge that includes a fine of up to $1,000 and/or a jail sentence of up to one year. In more serious cases, securities fraud can be classified as a felony with a potential sentence of up to 10 years in prison and/or a fine of up to $10,000. At the federal level, an individual found guilty of securities fraud may also be required to pay restitution to any victims of the crime, as well as higher fines ranging up to $5 million. Furthermore, those convicted of securities fraud may be barred from working in the securities industry, and may even face criminal forfeiture of all their assets. In addition to the typical criminal penalties associated with securities fraud, the South Dakota Securities Commission may also impose administrative sanctions and/or bar an individual from the securities industry. If an individual fails to comply with the sanctions, they may also be liable for civil damages or civil penalties.

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