§ 57-59. Enforcement of chapter; seizure of property connected withterrorism; penalties.
A. Any person who willfully and knowingly violates or causes to be violatedany provision of this chapter, or who willfully and knowingly gives false orincorrect information to the Commissioner in filing statements or reportsrequired by this chapter, whether such report or statement is verified ornot, shall be guilty of a misdemeanor and, upon conviction thereof, shall bepunished for the first offense by a fine of not less than $100 and not morethan $1,000 or by confinement in jail for not more than six months, or both,and for the second and any subsequent offense by a fine of not less than $500and not more than $2,500 or by confinement in jail for not more than oneyear, or both.
The following property shall be subject to lawful seizure by anylaw-enforcement officer charged with enforcing the provisions of thischapter: all moneys or other property, real or personal, together with anyinterest or profits derived from the investment of such money and used insubstantial connection with an act of terrorism as defined in § 18.2-46.4.All seizures and forfeitures under this section shall be governed by theprocedures contained in Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2.
B. Whenever the Commissioner has reasonable cause to believe that a violationof this chapter may have occurred, the Commissioner, upon his own motion orupon complaint of any person, may investigate any charitable or civicorganization, commercial co-venturer, professional fund-raising counsel orprofessional solicitor to determine whether such charitable or civicorganization, commercial co-venturer, professional fund-raising counsel orprofessional solicitor has violated the provisions of this chapter. In theconduct of such investigation, the Commissioner may:
1. Require or permit any person to file a statement in writing, under oath orotherwise as the Commissioner determines, as to all facts and circumstancesconcerning the matter to be investigated.
2. Administer oaths or affirmations and, upon his motion or upon request ofany party, subpoena witnesses, compel their attendance, take evidence, andrequire the production of any matter which is relevant to the investigation,including the existence, description, nature, custody, condition, andlocation of any books, documents, or other tangibles and the identity andlocation of persons having knowledge of relevant facts or any other matterreasonably calculated to lead to the discovery of material evidence.
Any proceedings or hearings by the Commissioner under this chapter, wherewitnesses are subpoenaed and their attendance is required for evidence to betaken or any matter is to be produced to ascertain material evidence, shalltake place within the City of Richmond.
Upon failure to obey a subpoena and upon reasonable notice to all personsaffected thereby, the Commissioner may apply to the Circuit Court of the Cityof Richmond for an order imposing punishment for contempt of the subpoena orcompelling compliance.
C. Whenever the Attorney General has reasonable cause to believe that anyperson has operated, is operating or is about to operate in violation of theprovisions of this chapter, the Attorney General may issue a civilinvestigative demand. The provisions of § 59.1-9.10 shall apply mutatismutandis to civil investigative demands issued pursuant to this subsection.
D. Whenever the Attorney General, or any attorney for the Commonwealth or theattorney for any city, county or town has reason to believe that anycharitable or civic organization, commercial co-venturer, professionalfund-raising counsel or professional solicitor has operated, is operating oris about to operate in violation of the provisions of this chapter, theAttorney General, attorney for the Commonwealth or the attorney for any city,county or town, in addition to all other actions authorized by law, may bringan action in the name of the Commonwealth against such charitable or civicorganization, commercial co-venturer, professional fund-raising counsel orprofessional solicitor, or their officers, directors, or other agents toenjoin the continuation of such violation, solicitation or collection, or theengaging therein, or the conducting of any acts in furtherance thereof andfor such other relief as the court deems appropriate.
E. In any action brought under subsection D, the court may also award to theCommonwealth a civil penalty of not more than $5,000 per violation, to bepaid to the Literary Fund, reasonable expenses incurred by the state or localagency in investigating and preparing the case, not to exceed $250 perviolation, and attorney's fees. Such expenses and attorney's fees shall bepaid into the general fund of the Commonwealth or of the county, city, ortown which such attorney represented.
(1974, c. 574; 1979, c. 595; 1983, c. 374; 1987, c. 561; 1990, c. 711; 1991,c. 710; 1999, c. 81; 2000, c. 755; 2003, cc. 576, 977, 1009.)
§ 57-59. Enforcement of chapter; seizure of property connected withterrorism; penalties.
A. Any person who willfully and knowingly violates or causes to be violatedany provision of this chapter, or who willfully and knowingly gives false orincorrect information to the Commissioner in filing statements or reportsrequired by this chapter, whether such report or statement is verified ornot, shall be guilty of a misdemeanor and, upon conviction thereof, shall bepunished for the first offense by a fine of not less than $100 and not morethan $1,000 or by confinement in jail for not more than six months, or both,and for the second and any subsequent offense by a fine of not less than $500and not more than $2,500 or by confinement in jail for not more than oneyear, or both.
The following property shall be subject to lawful seizure by anylaw-enforcement officer charged with enforcing the provisions of thischapter: all moneys or other property, real or personal, together with anyinterest or profits derived from the investment of such money and used insubstantial connection with an act of terrorism as defined in § 18.2-46.4.All seizures and forfeitures under this section shall be governed by theprocedures contained in Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2.
B. Whenever the Commissioner has reasonable cause to believe that a violationof this chapter may have occurred, the Commissioner, upon his own motion orupon complaint of any person, may investigate any charitable or civicorganization, commercial co-venturer, professional fund-raising counsel orprofessional solicitor to determine whether such charitable or civicorganization, commercial co-venturer, professional fund-raising counsel orprofessional solicitor has violated the provisions of this chapter. In theconduct of such investigation, the Commissioner may:
1. Require or permit any person to file a statement in writing, under oath orotherwise as the Commissioner determines, as to all facts and circumstancesconcerning the matter to be investigated.
2. Administer oaths or affirmations and, upon his motion or upon request ofany party, subpoena witnesses, compel their attendance, take evidence, andrequire the production of any matter which is relevant to the investigation,including the existence, description, nature, custody, condition, andlocation of any books, documents, or other tangibles and the identity andlocation of persons having knowledge of relevant facts or any other matterreasonably calculated to lead to the discovery of material evidence.
Any proceedings or hearings by the Commissioner under this chapter, wherewitnesses are subpoenaed and their attendance is required for evidence to betaken or any matter is to be produced to ascertain material evidence, shalltake place within the City of Richmond.
Upon failure to obey a subpoena and upon reasonable notice to all personsaffected thereby, the Commissioner may apply to the Circuit Court of the Cityof Richmond for an order imposing punishment for contempt of the subpoena orcompelling compliance.
C. Whenever the Attorney General has reasonable cause to believe that anyperson has operated, is operating or is about to operate in violation of theprovisions of this chapter, the Attorney General may issue a civilinvestigative demand. The provisions of § 59.1-9.10 shall apply mutatismutandis to civil investigative demands issued pursuant to this subsection.
D. Whenever the Attorney General, or any attorney for the Commonwealth or theattorney for any city, county or town has reason to believe that anycharitable or civic organization, commercial co-venturer, professionalfund-raising counsel or professional solicitor has operated, is operating oris about to operate in violation of the provisions of this chapter, theAttorney General, attorney for the Commonwealth or the attorney for any city,county or town, in addition to all other actions authorized by law, may bringan action in the name of the Commonwealth against such charitable or civicorganization, commercial co-venturer, professional fund-raising counsel orprofessional solicitor, or their officers, directors, or other agents toenjoin the continuation of such violation, solicitation or collection, or theengaging therein, or the conducting of any acts in furtherance thereof andfor such other relief as the court deems appropriate.
E. In any action brought under subsection D, the court may also award to theCommonwealth a civil penalty of not more than $5,000 per violation, to bepaid to the Literary Fund, reasonable expenses incurred by the state or localagency in investigating and preparing the case, not to exceed $250 perviolation, and attorney's fees. Such expenses and attorney's fees shall bepaid into the general fund of the Commonwealth or of the county, city, ortown which such attorney represented.
(1974, c. 574; 1979, c. 595; 1983, c. 374; 1987, c. 561; 1990, c. 711; 1991,c. 710; 1999, c. 81; 2000, c. 755; 2003, cc. 576, 977, 1009.)
§ 57-59. Enforcement of chapter; seizure of property connected withterrorism; penalties.
A. Any person who willfully and knowingly violates or causes to be violatedany provision of this chapter, or who willfully and knowingly gives false orincorrect information to the Commissioner in filing statements or reportsrequired by this chapter, whether such report or statement is verified ornot, shall be guilty of a misdemeanor and, upon conviction thereof, shall bepunished for the first offense by a fine of not less than $100 and not morethan $1,000 or by confinement in jail for not more than six months, or both,and for the second and any subsequent offense by a fine of not less than $500and not more than $2,500 or by confinement in jail for not more than oneyear, or both.
The following property shall be subject to lawful seizure by anylaw-enforcement officer charged with enforcing the provisions of thischapter: all moneys or other property, real or personal, together with anyinterest or profits derived from the investment of such money and used insubstantial connection with an act of terrorism as defined in § 18.2-46.4.All seizures and forfeitures under this section shall be governed by theprocedures contained in Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2.
B. Whenever the Commissioner has reasonable cause to believe that a violationof this chapter may have occurred, the Commissioner, upon his own motion orupon complaint of any person, may investigate any charitable or civicorganization, commercial co-venturer, professional fund-raising counsel orprofessional solicitor to determine whether such charitable or civicorganization, commercial co-venturer, professional fund-raising counsel orprofessional solicitor has violated the provisions of this chapter. In theconduct of such investigation, the Commissioner may:
1. Require or permit any person to file a statement in writing, under oath orotherwise as the Commissioner determines, as to all facts and circumstancesconcerning the matter to be investigated.
2. Administer oaths or affirmations and, upon his motion or upon request ofany party, subpoena witnesses, compel their attendance, take evidence, andrequire the production of any matter which is relevant to the investigation,including the existence, description, nature, custody, condition, andlocation of any books, documents, or other tangibles and the identity andlocation of persons having knowledge of relevant facts or any other matterreasonably calculated to lead to the discovery of material evidence.
Any proceedings or hearings by the Commissioner under this chapter, wherewitnesses are subpoenaed and their attendance is required for evidence to betaken or any matter is to be produced to ascertain material evidence, shalltake place within the City of Richmond.
Upon failure to obey a subpoena and upon reasonable notice to all personsaffected thereby, the Commissioner may apply to the Circuit Court of the Cityof Richmond for an order imposing punishment for contempt of the subpoena orcompelling compliance.
C. Whenever the Attorney General has reasonable cause to believe that anyperson has operated, is operating or is about to operate in violation of theprovisions of this chapter, the Attorney General may issue a civilinvestigative demand. The provisions of § 59.1-9.10 shall apply mutatismutandis to civil investigative demands issued pursuant to this subsection.
D. Whenever the Attorney General, or any attorney for the Commonwealth or theattorney for any city, county or town has reason to believe that anycharitable or civic organization, commercial co-venturer, professionalfund-raising counsel or professional solicitor has operated, is operating oris about to operate in violation of the provisions of this chapter, theAttorney General, attorney for the Commonwealth or the attorney for any city,county or town, in addition to all other actions authorized by law, may bringan action in the name of the Commonwealth against such charitable or civicorganization, commercial co-venturer, professional fund-raising counsel orprofessional solicitor, or their officers, directors, or other agents toenjoin the continuation of such violation, solicitation or collection, or theengaging therein, or the conducting of any acts in furtherance thereof andfor such other relief as the court deems appropriate.
E. In any action brought under subsection D, the court may also award to theCommonwealth a civil penalty of not more than $5,000 per violation, to bepaid to the Literary Fund, reasonable expenses incurred by the state or localagency in investigating and preparing the case, not to exceed $250 perviolation, and attorney's fees. Such expenses and attorney's fees shall bepaid into the general fund of the Commonwealth or of the county, city, ortown which such attorney represented.
(1974, c. 574; 1979, c. 595; 1983, c. 374; 1987, c. 561; 1990, c. 711; 1991,c. 710; 1999, c. 81; 2000, c. 755; 2003, cc. 576, 977, 1009.)
