Section 374.210

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 374

Effective - 01 Jan 2017, 2 histories, see footnote   

  374.210.  False testimony — refusal to furnish information — penalties. — 1.  It is unlawful for any person in any investigation, examination, inquiry, or other proceeding under this chapter, chapter 354, or chapters 375 to 385, to:

  (1)  Knowingly make or cause to be made a false statement upon oath or affirmation or in any record that is submitted to the director or used in any proceeding under this chapter, chapter 354, andchapters 375 to 385; or

  (2)  Make any false certificate or entry or memorandum upon any of the books or papers of any insurance company, or upon any statement or exhibit offered, filed or offered to be filed in the department, or used in the course of any examination, inquiry, or investigation under this chapter, chapter 354 and chapters 375 to 385.

  2.  If a person does not appear or refuses to testify, file a statement, produce records, or otherwise does not obey a subpoena as required by the director, the director may apply to the circuit court of any county of the state or any city not within a county, or a court of another state to enforce compliance.  The court may:

  (1)  Hold the person in contempt;

  (2)  Order the person to appear before the director;

  (3)  Order the person to testify about the matter under investigation or in question;

  (4)  Order the production of records;

  (5)  Grant injunctive relief;

  (6)  Impose a civil penalty of up to fifty thousand dollars for each violation; and

  (7)  Grant any other necessary or appropriate relief.  The director may also suspend, revoke or refuse any license or certificate of authority issued by the director to any person who does not appear or refuses to testify, file a statement, produce records, or does not obey a subpoena.

  3.  This section does not preclude a person from applying to the circuit court of any county of the state or any city not within a county for relief from a request to appear, testify, file a statement, produce records, or obey a subpoena.

  4.  A person is not excused from attending, testifying, filing a statement, producing a record or other evidence, or obeying a subpoena of the director under an action or proceeding instituted by the director on the grounds that the required testimony, statement, record, or other evidence, directly or indirectly, may tend to incriminate the individual or subject the individual to a criminal fine, penalty, or forfeiture.  If the person refuses to testify, file a statement, or produce a record or other evidence on the basis of the individual's privilege against self-incrimination, the director may apply to the circuit court of any county of the state or any city not within a county to compel the testimony, the filing of the statement, the production of the record, or the giving of other evidence.  The testimony, record, or other evidence compelled under such an order may not be used as evidence against the person in a criminal case, except in a prosecution for perjury or contempt or otherwise failing to comply with the order.

  5.  If the director determines that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of this section, or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046.  A violation of subsection 1 of this section is a level four violation under section 374.049.  The director may also suspend or revoke the license or certificate of authority of such person for any willful violation.

  6.  If the director believes that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048.  A violation of subsection 1 of this section is a level four violation under section 374.049.

  7.  Any person who knowingly engages in any act, practice, omission, or course of business in violation of subsection 1 of this section is guilty of a class E felony.  If the offender holds a license or certificate of authority under the insurance laws of this state, the court imposing sentence shall order the department to revoke such license or certificate of authority.

  8.  The director may refer such evidence as is available concerning violations of this section to the proper prosecuting attorney, who with or without a criminal reference, or the attorney general under section 27.030, may institute the appropriate criminal proceedings.

  9.  Nothing in this section shall limit the power of the state to punish any person for any conduct that constitutes a crime under any other state statute.

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(RSMo 1939 § 5794, A. 1949 H.B. 2115, A.L. 2007 S.B. 66, A.L. 2014 S.B. 491)

Prior revisions: 1929 § 5684; 1919 § 6095; 1909 § 6889

Effective 1-01-17