Missouri Revised Statutes













Chapter 416

Monopolies, Discriminations and Conspiracies

←416.041

Section 416.051.1

416.061→

August 28, 2015

Penalties--attorney general to prosecute--civil penalty for contempt.

416.051. 1. Any person who violates any of the provisions of subsection*

1 or 2 of section 416.031 is guilty of a misdemeanor and, upon conviction

thereof, shall be punished by a fine of up to fifty thousand dollars or by

imprisonment in the county jail for a term not to exceed one year, or by both

such punishments at the discretion of the court. The attorney general shall

not commence prosecutions under this section against any defendant who, at

the time, is a defendant with regard to any current information or indictment

filed by the United States for violation, or alleged violation, of the

Federal Antitrust Statutes involving substantially the same subject matter.



2. The attorney general, with such assistance as he may require from the

appropriate county prosecuting attorney, shall investigate suspected criminal

violations of sections 416.011 to 416.161 and shall commence and try all

criminal prosecutions under sections 416.011 to 416.161. Prosecutions under

sections 416.011 to 416.161 may be commenced by information or indictment.

With regard to the investigation, commencement and trial of such prosecutions,

the attorney general shall have all the powers and duties vested in him by

law with respect to criminal investigations and prosecutions generally. All

reasonable and necessary expenses incurred by a prosecuting attorney or his

staff in assisting the attorney general shall be reimbursed from

appropriations made to the attorney general.



3. Any person who is found to be in contempt of any court order issued

to enforce the provisions of section 416.031 arising out of any proceeding

brought by the attorney general shall forfeit and pay to the state a civil

penalty of not more than twenty thousand dollars. For the purposes of this

section, the circuit court issuing any such court order enforcing the

provisions of section 416.031 shall retain jurisdiction, and the cause shall

be continued, and in such cases the attorney general acting in the name of the

state may petition for recovery of civil penalties.



(L. 1974 S.B. 424)



*Word "subsections" appears in original rolls.







Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.