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Office of the Revisor of Statutes

    Subdivision 1. Penalty. A person convicted of violating section 609.903 may be sentenced to
imprisonment for not more than 20 years or to payment of a fine of not more than $1,000,000, or
    Subd. 2. Fine. In lieu of the fine authorized by subdivision 1, a person convicted of violating
section 609.903, who received economic gain from the act or caused economic loss or personal
injury during the act, may be sentenced to pay a fine calculated under this subdivision. The
maximum fine is three times the gross value gained or three times the gross loss caused, whichever
is greater, plus court costs and the costs of investigation and prosecution reasonably incurred, less
the value of any property forfeited under section 609.905. The district court shall hold a hearing
to determine the amount of the fine authorized by this subdivision. In imposing a fine, the court
shall consider the seriousness of the conduct, whether the amount of the fine is disproportionate
to the conduct in which the person engaged, its impact on victims and any legitimate enterprise
involved in that conduct, as well as the economic circumstances of the convicted person,
including the effect of the imposition of the fine on the person's immediate family. For purposes
of this subdivision, loss does not include pain and suffering.
    Subd. 3. Injunctive relief. After the entry of a judgment that includes a fine or an order
of criminal forfeiture under section 609.905, the district court may enter a restraining order
or injunction, require the execution of a satisfactory performance bond, or take other action,
including the appointment of a receiver, that the court deems proper to protect the interests of the
prosecuting authority in collecting the money or forfeiture or an innocent party.
    Subd. 4. Disposition of fine proceeds. The court shall apply fines collected under this
section to the costs and expenses of investigation and prosecution, including costs of resources
and personnel incurred in investigation and prosecution and the balance, if any, as provided
under section 574.34.
    Subd. 5. Restitution. In a settlement discussion or before the imposition of a sentence under
this section, the prosecuting authority shall vigorously advocate full and complete restitution to an
aggrieved person. Before the acceptance of a plea or after a verdict but before the imposition of a
sentence under this section, the district court must ensure that full and complete restitution has
been duly effected or that a satisfactory explanation of why it is impractical has been made to
the court.
History: 1989 c 286 s 8