Section 416.051

Title XXVI TRADE AND COMMERCE

Chapter 416

Effective - 28 Aug 1974   

  416.051.  Penalties — attorney general to prosecute — civil penalty for contempt. — 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.

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(L. 1974 S.B. 424)

*Word "subsections" appears in original rolls.