Penalties for unlawful deposits: escalating imprisonment and fines for soliciting, accepting, and fraudulent default under the Act. The Act prescribes graduated criminal penalties for contraventions of section 3: solicitation attracts custodial and monetary penalties; acceptance ... Summary
Penalties for unlawful deposits: escalating imprisonment and fines for soliciting, accepting, and fraudulent default under the Act.
The Act prescribes graduated criminal penalties for contraventions of section 3: solicitation attracts custodial and monetary penalties; acceptance attracts greater custodial and fine sanctions; acceptance combined with fraudulent default carries the highest custodial term and enhanced fines, potentially up to twice the aggregate funds collected. The statute defines "fraudulently" by reference to established penal meaning and treats wholly impracticable or unviable scheme terms as relevant evidence of intent to defraud.
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