Louisiana § RS 51:713 - Stop orders and injunctions against violations; receivers or auditors; criminal prosecutions

§ RS 51:713. Stop orders and injunctions against violations; receivers or auditors; criminal prosecutions

A.  Whenever it may appear to the commissioner, either upon complaint or otherwise, that any person has engaged in or is engaging in or is about to engage in any act or practice or transaction which is prohibited by this Part or by any rule, regulation, or order of the commissioner promulgated or issued pursuant to any Section of this Part, or which is declared to be unlawful under this Part, the commissioner may, at his discretion, act under any or all of the following Paragraphs:

(1)  Issue an order, if he deems it to be appropriate in the public interest or for the protection of investors, prohibiting such person from continuing such act, practice, or transaction, subject to the right of such person to a hearing as provided in R.S. 51:716.  

(2)  Apply to any judicial district court in this state for an injunction restraining such person and his agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or engaging therein or doing any acts in furtherance thereof and for appointment of a receiver or an auditor and such other and further relief as the facts may warrant.  

(3)  Transmit such evidence as may be available concerning such act, practice, or transaction to any district attorney or to the attorney general, who may, at his individual discretion, institute the necessary criminal proceedings.  

B.  In any proceedings for an injunction, the commissioner may apply for and be entitled to have issued the court's subpoena requiring:

(1)  The appearance forthwith of any defendant and his agents, employees, partners, officers, or directors.  

(2)  The production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction.  Upon proof of any of the offenses described in this Section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of investors as the facts may warrant.  

C.  In any criminal proceeding either the district attorney or the attorney general or both may apply for and be entitled to have issued the court's subpoena requiring:

(1)  The appearance forthwith of any defendant or his agents, employees, partners, officers, or directors.  

(2)  The production of such documents, books, and records as may appear necessary for the prosecution of such criminal proceedings.  

Acts 1985, No. 722, §1.