Section 61-1-31 - Determining amount of fineFor 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 ,§ 4, eff. 5/12/2020.Added by Chapter 401, 2016 General Session ,§ 9, eff. 5/10/2016.