(1) Conduct public or private investigations within or outside ofthis state which the commissioner considers necessary or appropriate todetermine whether a person has violated, is violating, or is about toviolate this act or a rule adopted or order issued under this act, or toaid in the enforcement of this act or in the adoption of rules and formsunder this act;
(2) Require or permit a person to testify, file a statement, orproduce a record, under oath or otherwise as the commissioner determines,as to all the facts and circumstances concerning a matter to beinvestigated or about which an action or proceeding is to be instituted;
(3) Publish a record concerning an action, proceeding, or aninvestigation under, or a violation of, this act or a rule adopted or orderissued under this act if the commissioner determines it is necessary orappropriate in the public interest and for the protection of investors; and
(4) Appoint special investigators to aid in investigations conductedpursuant to this act. Under such appointment by the commissioner, specialinvestigators who meet the qualifications of a law enforcement officerpursuant to chapter 590, RSMo, shall have the authority as peace officersto serve subpoenas and all other process, and while investigating criminalviolations of this act to participate in the making of arrests and theapplication for search warrants. Such special investigators shallcoordinate arrests and seizure of evidence with other state or federal lawenforcement officers.
(b) For the purpose of an investigation under this act, thecommissioner or its designated officer may administer oaths andaffirmations, subpoena witnesses, seek compulsion of attendance, takeevidence, require the filing of statements, and require the production ofany records that the commissioner considers relevant or material to theinvestigation.
(c) If a person does not appear or refuses to testify, file astatement, produce records, or otherwise does not obey a subpoena asrequired by the commissioner under this act, the commissioner may apply tothe circuit court of any county of the state or any city not within acounty, or a court of another state to enforce compliance. The court may:
(1) Hold the person in contempt;
(2) Order the person to appear before the commissioner;
(3) Order the person to testify about the matter under investigationor in question;
(4) Order the production of records;
(5) Grant injunctive relief, including restricting or prohibiting theoffer or sale of securities or the providing of investment advice;
(6) Impose a civil penalty of not less than ten thousand dollars andnot greater than fifty thousand dollars for each violation; and
(7) Grant any other necessary or appropriate relief.
(d) This section does not preclude a person from applying to thecircuit court of any county of the state or any city not within a countyfor relief from a request to appear, testify, file a statement, producerecords, or obey a subpoena.
(e) An individual is not excused from attending, testifying, filing astatement, producing a record or other evidence, or obeying a subpoena ofthe commissioner under this act or in an action or proceeding instituted bythe commissioner under this act on the grounds that the required testimony,statement, record, or other evidence, directly or indirectly, may tend toincriminate the individual or subject the individual to a criminal fine,penalty, or forfeiture. If the individual refuses to testify, file astatement, or produce a record or other evidence on the basis of theindividual's privilege against self-incrimination, the commissioner mayapply to the circuit court of any county of the state or any city notwithin a county to compel the testimony, the filing of the statement, theproduction of the record, or the giving of other evidence. The testimony,record, or other evidence compelled under such an order may not be used,directly or indirectly, against the individual in a criminal case, exceptin a prosecution for perjury or contempt or otherwise failing to complywith the order.
(f) At the request of the securities regulator of another state or aforeign jurisdiction, the commissioner may provide assistance if therequesting regulator states that it is conducting an investigation todetermine whether a person has violated, is violating, or is about toviolate a law or rule of the other state or foreign jurisdiction relatingto securities matters that the requesting regulator administers orenforces. The commissioner may provide the assistance by using theauthority to investigate and the powers conferred by this section as thecommissioner determines is necessary or appropriate. The assistance may beprovided without regard to whether the conduct described in the requestwould also constitute a violation of this act or other law of this state ifoccurring in this state. In deciding whether to provide the assistance,the commissioner may consider whether the requesting regulator is permittedand has agreed to provide assistance reciprocally within its state orforeign jurisdiction to the commissioner on securities matters whenrequested; whether compliance with the request would violate or prejudicethe public policy of this state; and the availability of resources andemployees of the commissioner to carry out the request for assistance.
(1) Conduct public or private investigations within or outside ofthis state which the commissioner considers necessary or appropriate todetermine whether a person has violated, is violating, or is about toviolate this act or a rule adopted or order issued under this act, or toaid in the enforcement of this act or in the adoption of rules and formsunder this act;
(2) Require or permit a person to testify, file a statement, orproduce a record, under oath or otherwise as the commissioner determines,as to all the facts and circumstances concerning a matter to beinvestigated or about which an action or proceeding is to be instituted;
(3) Publish a record concerning an action, proceeding, or aninvestigation under, or a violation of, this act or a rule adopted or orderissued under this act if the commissioner determines it is necessary orappropriate in the public interest and for the protection of investors; and
(4) Appoint special investigators to aid in investigations conductedpursuant to this act. Under such appointment by the commissioner, specialinvestigators who meet the qualifications of a law enforcement officerpursuant to chapter 590, RSMo, shall have the authority as peace officersto serve subpoenas and all other process, and while investigating criminalviolations of this act to participate in the making of arrests and theapplication for search warrants. Such special investigators shallcoordinate arrests and seizure of evidence with other state or federal lawenforcement officers.
(b) For the purpose of an investigation under this act, thecommissioner or its designated officer may administer oaths andaffirmations, subpoena witnesses, seek compulsion of attendance, takeevidence, require the filing of statements, and require the production ofany records that the commissioner considers relevant or material to theinvestigation.
(c) If a person does not appear or refuses to testify, file astatement, produce records, or otherwise does not obey a subpoena asrequired by the commissioner under this act, the commissioner may apply tothe circuit court of any county of the state or any city not within acounty, or a court of another state to enforce compliance. The court may:
(1) Hold the person in contempt;
(2) Order the person to appear before the commissioner;
(3) Order the person to testify about the matter under investigationor in question;
(4) Order the production of records;
(5) Grant injunctive relief, including restricting or prohibiting theoffer or sale of securities or the providing of investment advice;
(6) Impose a civil penalty of not less than ten thousand dollars andnot greater than fifty thousand dollars for each violation; and
(7) Grant any other necessary or appropriate relief.
(d) This section does not preclude a person from applying to thecircuit court of any county of the state or any city not within a countyfor relief from a request to appear, testify, file a statement, producerecords, or obey a subpoena.
(e) An individual is not excused from attending, testifying, filing astatement, producing a record or other evidence, or obeying a subpoena ofthe commissioner under this act or in an action or proceeding instituted bythe commissioner under this act on the grounds that the required testimony,statement, record, or other evidence, directly or indirectly, may tend toincriminate the individual or subject the individual to a criminal fine,penalty, or forfeiture. If the individual refuses to testify, file astatement, or produce a record or other evidence on the basis of theindividual's privilege against self-incrimination, the commissioner mayapply to the circuit court of any county of the state or any city notwithin a county to compel the testimony, the filing of the statement, theproduction of the record, or the giving of other evidence. The testimony,record, or other evidence compelled under such an order may not be used,directly or indirectly, against the individual in a criminal case, exceptin a prosecution for perjury or contempt or otherwise failing to complywith the order.
(f) At the request of the securities regulator of another state or aforeign jurisdiction, the commissioner may provide assistance if therequesting regulator states that it is conducting an investigation todetermine whether a person has violated, is violating, or is about toviolate a law or rule of the other state or foreign jurisdiction relatingto securities matters that the requesting regulator administers orenforces. The commissioner may provide the assistance by using theauthority to investigate and the powers conferred by this section as thecommissioner determines is necessary or appropriate. The assistance may beprovided without regard to whether the conduct described in the requestwould also constitute a violation of this act or other law of this state ifoccurring in this state. In deciding whether to provide the assistance,the commissioner may consider whether the requesting regulator is permittedand has agreed to provide assistance reciprocally within its state orforeign jurisdiction to the commissioner on securities matters whenrequested; whether compliance with the request would violate or prejudicethe public policy of this state; and the availability of resources andemployees of the commissioner to carry out the request for assistance.
(1) Conduct public or private investigations within or outside ofthis state which the commissioner considers necessary or appropriate todetermine whether a person has violated, is violating, or is about toviolate this act or a rule adopted or order issued under this act, or toaid in the enforcement of this act or in the adoption of rules and formsunder this act;
(2) Require or permit a person to testify, file a statement, orproduce a record, under oath or otherwise as the commissioner determines,as to all the facts and circumstances concerning a matter to beinvestigated or about which an action or proceeding is to be instituted;
(3) Publish a record concerning an action, proceeding, or aninvestigation under, or a violation of, this act or a rule adopted or orderissued under this act if the commissioner determines it is necessary orappropriate in the public interest and for the protection of investors; and
(4) Appoint special investigators to aid in investigations conductedpursuant to this act. Under such appointment by the commissioner, specialinvestigators who meet the qualifications of a law enforcement officerpursuant to chapter 590, RSMo, shall have the authority as peace officersto serve subpoenas and all other process, and while investigating criminalviolations of this act to participate in the making of arrests and theapplication for search warrants. Such special investigators shallcoordinate arrests and seizure of evidence with other state or federal lawenforcement officers.
(b) For the purpose of an investigation under this act, thecommissioner or its designated officer may administer oaths andaffirmations, subpoena witnesses, seek compulsion of attendance, takeevidence, require the filing of statements, and require the production ofany records that the commissioner considers relevant or material to theinvestigation.
(c) If a person does not appear or refuses to testify, file astatement, produce records, or otherwise does not obey a subpoena asrequired by the commissioner under this act, the commissioner may apply tothe circuit court of any county of the state or any city not within acounty, or a court of another state to enforce compliance. The court may:
(1) Hold the person in contempt;
(2) Order the person to appear before the commissioner;
(3) Order the person to testify about the matter under investigationor in question;
(4) Order the production of records;
(5) Grant injunctive relief, including restricting or prohibiting theoffer or sale of securities or the providing of investment advice;
(6) Impose a civil penalty of not less than ten thousand dollars andnot greater than fifty thousand dollars for each violation; and
(7) Grant any other necessary or appropriate relief.
(d) This section does not preclude a person from applying to thecircuit court of any county of the state or any city not within a countyfor relief from a request to appear, testify, file a statement, producerecords, or obey a subpoena.
(e) An individual is not excused from attending, testifying, filing astatement, producing a record or other evidence, or obeying a subpoena ofthe commissioner under this act or in an action or proceeding instituted bythe commissioner under this act on the grounds that the required testimony,statement, record, or other evidence, directly or indirectly, may tend toincriminate the individual or subject the individual to a criminal fine,penalty, or forfeiture. If the individual refuses to testify, file astatement, or produce a record or other evidence on the basis of theindividual's privilege against self-incrimination, the commissioner mayapply to the circuit court of any county of the state or any city notwithin a county to compel the testimony, the filing of the statement, theproduction of the record, or the giving of other evidence. The testimony,record, or other evidence compelled under such an order may not be used,directly or indirectly, against the individual in a criminal case, exceptin a prosecution for perjury or contempt or otherwise failing to complywith the order.
(f) At the request of the securities regulator of another state or aforeign jurisdiction, the commissioner may provide assistance if therequesting regulator states that it is conducting an investigation todetermine whether a person has violated, is violating, or is about toviolate a law or rule of the other state or foreign jurisdiction relatingto securities matters that the requesting regulator administers orenforces. The commissioner may provide the assistance by using theauthority to investigate and the powers conferred by this section as thecommissioner determines is necessary or appropriate. The assistance may beprovided without regard to whether the conduct described in the requestwould also constitute a violation of this act or other law of this state ifoccurring in this state. In deciding whether to provide the assistance,the commissioner may consider whether the requesting regulator is permittedand has agreed to provide assistance reciprocally within its state orforeign jurisdiction to the commissioner on securities matters whenrequested; whether compliance with the request would violate or prejudicethe public policy of this state; and the availability of resources andemployees of the commissioner to carry out the request for assistance.
