Utah § 61-1-31 - Determining amount of fine.

Effective 5/12/2020
61-1-31.  Determining amount of fine.
     For the purpose of determining the amount of a fine imposed under this chapter, the commission or court shall consider the following factors:

(1)	the seriousness, nature, circumstances, extent, and persistence of the conduct constituting the violation;

(2)	the harm to other persons resulting either directly or indirectly from the violation;

(3)

(a) the cooperation by the person in any inquiry conducted by the division concerning the violation; (b) efforts by the person to prevent future occurrences of the violation; and (c) efforts by the person to mitigate the harm caused by the violation, including any disgorgement or restitution made to other persons injured by the acts of the person;

(4)	the history of previous violations by the person;

(5)	the need to deter the person or other persons from committing the violation in the future;

(6)	whether the person exercised undue influence;

(7)	whether the person knew or should have known that the investor was a vulnerable adult;

(8)	any direct or indirect compensation or economic benefit the person committing the violation received; and

(9)	such other matters as justice may require.

Amended by Chapter 77, 2020 General Session