§ 9-913. Criminal penalties

   (a) Fines. -- Except as otherwise provided in this section and in this title, any violation of any provision of this title or any regulation adopted in accordance with this title by a director, officer, controlling person, or employee of an association is punishable by a fine not to exceed $ 10,000, or imprisonment in the penitentiary for not more than 18 months, or both.

(b) False statements. --

   (1) In addition to any of the remedies provided by this title or Title 8 of this article, the willful omission, making, or concurrence in making or publishing a written report, exhibit, or entry in a financial statement on the books of the association, which contains a material statement known to be false, upon conviction, is punishable by a fine not more than $ 100,000, or imprisonment in the penitentiary for not more than 10 years, or both.

   (2) For purposes of this subsection, "material" means "substantial and important as to influence a reasonable and prudent businessman or investor".

(c) Declarations of dividends. -- In addition to any other remedies provided by this title or Title 8 of this article, the knowing declaration of a dividend in violation of § 9-324 of this title, upon conviction, is punishable by a fine not more than $ 100,000, or imprisonment in the penitentiary for not more than 10 years, or both.

(d) Loans. -- Any officer, director, controlling person, agent, or employee of an association who makes a loan for his own use and benefit with an attempt to conceal that from the Division of Savings and Loan Associations, upon conviction, shall be fined not more than $ 100,000, or imprisoned in the penitentiary for not more than 10 years, or both.

(e) False statements. -- Any officer, director, controlling person, agent, or employee connected in any capacity with an association who makes a false statement to an employee or agent of the Division of Savings and Loan Associations with the intent to deceive, upon conviction, shall be fined not more than $ 100,000, or imprisoned in the penitentiary for not more than 10 years, or both.

(f) Aiding or abetting violations. -- Any person who aids or abets any other person in the violation of the provisions of this title or Title 8 of this article as described in subsections (b), (c), (d), and (e) of this section, upon conviction, shall be fined not more than $ 10,000, or imprisoned in the penitentiary for not more than 1 year, or both.

(g) Evidence of violations. -- The Division Director shall furnish to the Attorney General, or the proper prosecuting attorney, information obtained by the Division Director evidencing a violation of the laws relating to savings and loan associations and related entities.

HISTORY: 1986, ch. 282; 1991, ch. 371; 2003, ch. 21, § 7.