§417E-9  Penalties.  (a)  Any person,including a controlling person of an offeror or target company, who violatesany provision of this chapter or any rule thereunder, or any order of thecommissioner of which this person has notice, shall be subject to a fine of notmore than $25,000 or imprisonment for not more than five years, or both.  Eachof the acts specified shall constitute a separate offense and a prosecution orconviction for any one of such offenses shall not bar prosecution or convictionfor any other offense.  No indictment or information may be returned under thischapter more than six years after the alleged violation.

(b)  The commissioner may refer such evidenceas is available concerning violations of this chapter or of any rule or orderhereunder to the attorney general who, with or without any reference, mayinstitute the appropriate criminal proceedings under this chapter.

(c)  Nothing in this chapter limits the powerof the State to punish any person for any conduct which constitutes a crimeunder any other statute.

(d)  All shares acquired from a Hawaii residentin violation of any provision of this chapter or any rule hereunder, or anyorder of the commissioner of which the person has notice, shall be deniedvoting rights for one year after acquisition, the shares shall benontransferable on the books of the target company for one year afteracquisition and the target company, during this one-year period, shall have theoption to call the shares for redemption either at the price at which theshares were acquired or at book value per share as of the last day of thefiscal quarter ended prior to the date of the call for redemption.  Such aredemption shall occur on the date set in the call notice but not later thansixty days after the call notice is given. [L 1985, c 32, pt of §2]