Section 1605. Violations; penalties  


Latest version.
  • (a)  Every person who willfully violates any provision of this article
      shall be guilty of a class E felony; every person who willfully violates
      any order, rule or regulation issued pursuant thereto, shall  be  guilty
      of a class A misdemeanor.
        (b)  A  violation  of any provision of this article shall constitute a
      fraudulent practice within the meaning of article twenty-three-A of  the
      general business law.
        (c)  Every  person who violates any provision of this article shall be
      subject to a civil penalty of one thousand dollars per  violation  if  a
      natural  person  or ten thousand dollars per violation if a corporation.
      When the violation is the failure to file a  registration  statement  as
      required  by  subdivision  (a)  of  section  sixteen hundred two of this
      article, the  failure  to  file  a  solicitation  or  recommendation  as
      required  by  subdivision  (c)  of  section  sixteen hundred two of this
      article, or the failure to amend such registration statement as required
      by subdivision (b) of section sixteen hundred  three  of  this  article,
      each   business   day   of   non-registration   or  failure  to  file  a
      recommendation  or  solicitation  or  failure  to  amend  constitutes  a
      separate  violation.  The  penalty  imposed  by  this  section  shall be
      cumulative and more than one penalty shall be recoverable  in  the  same
      action in any court of competent jurisdiction.