61-1-31. Determining amount of fine. For the purpose of determining the amount of a fine imposed under this chapter, the commission or court shall consider the following factors: (1) the seriousness, nature, circumstances, extent, and persistence of the conduct constituting the violation; (2) the harm to other persons resulting either directly or indirectly from the violation; (3) (a) the cooperation by the person in any inquiry conducted by the division concerning the violation; (b) efforts by the person to prevent future occurrences of the violation; and (c) efforts by the person to mitigate the harm caused by the violation, including any disgorgement or restitution made to other persons injured by the acts of the person; (4) the history of previous violations by the person; (5) the need to deter the person or other persons from committing the violation in the future; (6) whether the person exercised undue influence; (7) whether the person knew or should have known that the investor was a vulnerable adult; (8) any direct or indirect compensation or economic benefit the person committing the violation received; and (9) such other matters as justice may require.
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