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§47-1506.
§47-1506.
A. The Attorney General, any district attorney or any aggrieved person
may institute civil proceedings against any person in any court of
competent jurisdiction seeking relief from conduct constituting a
violation of any provision of the Motor Vehicle Chop Shop, Stolen and
Altered Property Act. If the plaintiff in such a proceeding proves the
alleged violation, or its threat, by a preponderance of the evidence,
any court of competent jurisdiction after due provision for the rights
of innocent persons, shall grant relief by entering any appropriate
order or judgment, including, but not limited to:
1. ordering any defendant to be divested of any interest in any
property;
2. imposing reasonable restrictions upon the future activities or
investments of any defendant, including prohibiting any defendant from
engaging in the same type of endeavor as the defendant was engaged in
previously;
3. ordering the suspension or revocation of a license, permit, or
prior approval granted by any public agency or any other public
authority; or
4. ordering the surrender of the charter of a corporation organized
under the laws of the state or the revocation of a certificate
authorizing a foreign corporation to conduct business within the state
upon finding that the board of directors or a managerial agent acting
on behalf of the corporation, in conducting the affairs of the
corporation, has authorized or engaged in conduct made unlawful by the
Motor Vehicle Chop Shop, Stolen and Altered Property Act and that, for
the prevention of future criminal conduct, the public interest
requires the charter of the corporation be surrendered and the
corporation dissolved or the certificate revoked.
B. In a proceeding under this section, injunctive relief shall be
granted in conformity with the principles that govern the granting of
relief from injury or threatened injury in other cases, but no showing
of special or irreparable injury shall have to be made. Pending final
determination of a proceeding under this section, a temporary
restraining order or a preliminary injunction may be issued upon a
showing of immediate danger of significant injury, including the
possibility that any judgment for money damages might be difficult to
execute, and, in a proceeding initiated by an aggrieved person, upon
the execution of proper bond against injury for an injunction
improvidently granted.
C. Any person injured, directly or indirectly, by conduct constituting
a violation by any person of Section 3 of this act shall, in addition
to any other relief, have a cause of action for threefold the actual
damages sustained by the person.
D. A final judgment or decree rendered against the defendant in any
civil or criminal proceeding shall estop the defendant in any
subsequent civil action or proceeding brought by any person as to all
matters as to which the judgment or decree would be an estoppel as
between the parties to the civil or criminal proceeding.
E. Notwithstanding any other provision of law providing a shorter
period of limitations, a civil action under this section may be
commenced at any time within five (5) years after the conduct made
unlawful under Section 3 of this act terminates or the cause of action
accrues or within any longer statutory period that may be applicable.
If any action is brought by a prosecutor to punish, prevent or
restrain any activity made unlawful under Section 3 of this act, the
running of the period of limitations shall be suspended during the
pendency of such action and for two (2) years following its
termination.
F. Personal service of any process in an action under this section may
be made upon any person outside the state if the person has engaged in
any conduct constituting a violation of Section 3 of this act in this
state. The person shall be deemed to have thereby submitted to the
jurisdiction of the courts of this state for the purposes of this
provision.
G. Obtaining any civil remedy under this section shall not preclude
obtaining any other civil or criminal remedy under either this act or
any other provision of law. Civil remedies under this section are
supplemental and not mutually exclusive.
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