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2018 Georgia Code 10-5-57 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 10-5-57 Case Law from Google Scholar Amendments to OCGA 10-5-57

TITLE 10 COMMERCE AND TRADE

Section 5. Georgia Uniform Securities, 10-5-1 through 10-5-90.

ARTICLE 5 VIOLATIONS, PENALTIES, AND CIVIL LIABILITY

10-5-57. Penalties for violations.

  1. A person that willfully violates this chapter, or a rule adopted or order issued under this chapter, except Code Section 10-5-53 or the notice filing requirements of Code Section 10-5-21 or 10-5-34, or that willfully violates Code Section 10-5-54 knowing the statement made to be false or misleading in a material respect, upon conviction, shall be fined not more than $500,000.00 or imprisoned not more than five years, or both. An individual convicted of violating a rule adopted or order issued under this chapter may be fined but may not be imprisoned if the individual did not have knowledge of the rule or order.
  2. The Attorney General or the proper prosecuting attorney with or without a reference from the Commissioner may institute criminal proceedings under this chapter.
  3. This chapter does not limit the power of this state to punish a person for conduct that constitutes a crime under other laws of this state.

(Code 1981, §10-5-57, enacted by Ga. L. 2008, p. 381, § 1/SB 358.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Ga. L. 1957, p. 134 and former O.C.G.A. § 10-5-24, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.

Punishment not jury issue.

- Trial court's failure to submit the issue of punishment to the jury does not deny the defendant a substantial right. Bowler v. State, 145 Ga. App. 633, 244 S.E.2d 142 (1978) (decided under former Ga. L. 1957, p. 134, as amended).

"Willfully."

- Court of Appeals of Georgia, First Division, concludes that the term "willfully" in former O.C.G.A. § 10-5-13(a)(1)(A)(iv) had the same meaning that it had been construed to have in former O.C.G.A. § 10-5-24. Before any of the civil penalties of up to $50,000 for single violations and up to $500,000 for multiple violations can be imposed under former O.C.G.A. § 10-5-13(a)(1)(A)(iv), there must be a knowing and intentional violation of the Georgia Securities Act of 1973, former O.C.G.A. § 10-5-1 et seq. Garvin v. Sec'y of State, 266 Ga. App. 66, 596 S.E.2d 166 (2004) (decided under former O.C.G.A. § 10-5-24).

Cited in Mills v. Fitzgerald, 668 F. Supp. 1554 (N.D. Ga. 1987); Greenhill v. State, 199 Ga. App. 218, 404 S.E.2d 577 (1991).

RESEARCH REFERENCES

C.J.S.

- 79A C.J.S., Securities Regulation and Commodity Futures Trading Regulation, § 573 et seq.

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