26-1116. CIVIL ENFORCEMENT. Whenever it appears to the director that any bank, bank holding company or trust institution has engaged or is about to engage in an unsafe or unsound practice in conducting the business of such bank, bank holding company or trust institution, or any person has violated or is about to violate any provision of this act, any rule or order issued under the act, any condition imposed in writing by the director, or any written agreement entered into with the director, the director may, in his discretion, bring an action in any court of competent jurisdiction, and upon a showing of any unsafe or unsound practice, or violation, shall be granted any or all of the following:

(1) A writ or order restraining or enjoining, temporarily or permanently, any unsafe or unsound practice, or violation of any provision of this act, any rule or order issued under the act, any condition imposed in writing by the director, or any written agreement entered into with the director;

(2) An order granting a declaratory judgment;

(3) An order for disgorgement and other equitable remedies;

(4) An order appointing a receiver or conservator for the defendant or the defendant’s assets;

(5) An order that the person engaged in the unsafe or unsound practice, or violating any provision of this act, any rule or order issued under the act, any condition imposed in writing by the director or any written agreement entered into with the director shall pay a civil penalty to the department in an amount not to exceed twenty-five thousand dollars ($25,000) for each violation;

(6) An order allowing the director to recover costs that may include investigative expenses and attorney’s fees.

History:

[26-1116, added 2015, ch. 204, sec. 19, p. 629.]