P.R. Laws tit. 3, § 930j

2019-02-20 00:00:00+00
§ 930j. Responsibilities of the applicant

Any person who voluntarily helps or assists, or advises or instigates the drafting or presentation, or that voluntarily drafts or presents any declaration, sworn statement, claim or false or fraudulent document to the Board (whether said falsehood or fraud was committed or not, with the knowledge or consent of the person who presents said declaration, sworn statement, claim or document to the Board), [for] the purpose of obtaining, or preventing another person from obtaining the benefit of the investment parameters established herein regarding any product, article or service, shall be guilty of a felony and punished by a fine of not more than twenty thousand dollars ($20,000) or imprisonment for a fixed term of three (3) years, at the discretion of the court. If there were aggravating circumstances, the fixed penalty thus established may be increased to a maximum of five (5) years; if extenuating circumstances are present, it may be reduced to a minimum of two (2) years. The court, at its discretion, may impose both penalties, plus court costs.

Any person who makes and subscribes any statement or other document for presentation to the Board, which said declaration or document contains, or was authenticated through a statement the effect that it is submitted under the penalties of perjury, which statement or document the subscriber did not believe to be true and correct regarding every pertinent fact, shall be guilty of a felony and punished with a fine no greater than four thousand dollars ($4,000), or imprisonment for a fixed term of three (3) years. Should there be aggravating circumstances, the fixed penalty thus established may be increased to a maximum of five (5) years; if there are extenuating circumstances, it may be reduced to a minimum of two (2) years. The court, in its discretion, may impose both penalties.

The Court of First Instance shall have exclusive jurisdiction in the trials of the crimes stipulated in this section.

History —Jan. 8, 2004, No. 14, § 15; Dec. 12, 2007, No. 184, § 10, eff. 3 months after Dec. 12, 2007.