{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-4055.14","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-4055.14","heading":"Injunction - Civil action - Cease and desist orders -","body":"Civil and criminal penalties.\n\nA. In addition to the penalties and other enforcement\n\nprovisions of the Viatical Settlements Act of 2008, if any person\n\nviolates the Viatical Settlements Act of 2008 or any regulation\n\nimplementing the Viatical Settlements Act of 2008, the Insurance\n\nCommissioner may seek an injunction in a court of competent\n\njurisdiction and may apply for temporary and permanent orders that\n\nthe Commissioner determines are necessary to restrain the person\n\nfrom committing the violation.\n\nB. Any person damaged by the acts of a person in violation of\n\nthe Viatical Settlements Act of 2008 may bring a civil action\n\nagainst the person committing the violation in a court of competent\n\njurisdiction.\n\nC. The Commissioner may issue, in accordance with the\n\nAdministrative Procedures Act, a cease and desist order upon a\n\nperson that violates any provision of the Viatical Settlements Act\n\nof 2008, any regulation or order adopted by the Commissioner, or any\n\nwritten agreement entered into with the Commissioner.\n\nD. When the Commissioner finds that an activity in violation of\n\nthe Viatical Settlements Act of 2008 presents an immediate danger to\n\nthe public that requires an immediate final order, the Commissioner\n\nmay issue an emergency cease and desist order reciting with\n\nparticularity the facts underlying the findings. The emergency\n\ncease and desist order is effective immediately upon service of a\n\ncopy of the order on the respondent and remains effective for ninety\n\n(90) days. If the Commissioner begins nonemergency cease and desist\n\nproceedings, the emergency cease and desist order remains effective,\n\nabsent an order by a court of competent jurisdiction pursuant to the\n\nAdministrative Procedures Act.\n\nE. In addition to the penalties and other enforcement\n\nprovisions of the Viatical Settlements Act of 2008, any person who\n\nviolates the Viatical Settlements Act of 2008 is subject to civil\n\npenalties of up to Ten Thousand Dollars ($10,000.00) per violation.\n\nImposition of civil penalties shall be pursuant to an order of the\n\nCommissioner issued under Section 313 of this title. The\n\nCommissioner’s order may require a person found to be in violation\n\nof the Viatical Settlements Act of 2008 to make restitution to\n\npersons aggrieved by violations of the Viatical Settlements Act of\n\n2008.\n\nF. A person convicted of a violation of the Viatical\n\nSettlements Act by a court of competent jurisdiction shall be:\n\n1. Guilty of a Class B3 felony offense punishable by\n\nimprisonment for not more than twenty (20) years or to payment of a\n\nfine of not more than One Hundred Thousand Dollars ($100,000.00), or\n\nboth, if the value of the viatical settlement contract is more than\n\nThirty-five Thousand Dollars ($35,000.00);\n\n2. Guilty of a Class C2 felony offense punishable by\n\nimprisonment as provided for in subsections B through F of Section\n\n20M of Title 21 of the Oklahoma Statutes, or to payment of a fine of\n\nnot more than Twenty Thousand Dollars ($20,000.00), or both, if the\n\nvalue of the viatical settlement contract is more than Two Thousand\n\nFive Hundred Dollars ($2,500.00) but not more than Thirty-five\n\nThousand Dollars ($35,000.00);\n\n3. Guilty of a Class D1 felony offense punishable by\n\nimprisonment as provided for in subsections B through F of Section\n\n20N of Title 21 of the Oklahoma Statutes, or to payment of a fine of\n\nnot more than Ten Thousand Dollars ($10,000.00), or both, if the\n\nvalue of the viatical settlement contract is more than Five Hundred\n\nDollars ($500.00) but not more than Two Thousand Five Hundred\n\nDollars ($2,500.00); or\n\n4. Guilty of a Class D3 felony offense punishable by\n\nimprisonment as provided for in subsections B through F of Section\n\n20P of Title 21 of the Oklahoma Statutes, or to payment of a fine of\n\nnot more than Three Thousand Dollars ($3,000.00), or both, if the\niatical settlement contract is more than Five Hundred\n\nDollars ($500.00) but not more than Two Thousand Five Hundred\n\nDollars ($2,500.00); or\n\n4. Guilty of a Class D3 felony offense punishable by\n\nimprisonment as provided for in subsections B through F of Section\n\n20P of Title 21 of the Oklahoma Statutes, or to payment of a fine of\n\nnot more than Three Thousand Dollars ($3,000.00), or both, if the\n\nvalue of the viatical settlement contract is Five Hundred Dollars\n\n($500.00) or less.\n\nA person convicted of a violation of the Viatical Settlements\n\nAct of 2008 shall be ordered to pay restitution to persons aggrieved\n\nby the violation of the Viatical Settlements Act of 2008.\n\nRestitution shall be ordered in addition to a fine or imprisonment,\n\nbut not in lieu of a fine or imprisonment.\n\nG. Except for a fraudulent viatical settlement act committed by\n\na viator, the enforcement provisions and penalties of this section\n\nshall not apply to a viator. A person convicted of a violation of\n\nthe Viatical Settlements Act of 2008 by a court of competent\n\njurisdiction may be sentenced in accordance with paragraph 1, 2, 3\n\nor 4 of subsection F of this section based on the greater of (i) the\n\nvalue of property, services, or other benefit wrongfully obtained or\n\nattempted to obtain, or (ii) the aggregate economic loss suffered by\n\nany person as a result of the violation. A person convicted of a\n\nfraudulent viatical settlement act must be ordered to pay\n\nrestitution to persons aggrieved by the fraudulent viatical\n\nsettlement act. Restitution must be ordered in addition to a fine\n\nor imprisonment but not in lieu of a fine or imprisonment.\n\nIn any prosecution under paragraphs 1, 2, 3 and 4 of subsection\n\nF of this section the value of the viatical settlement contracts\n\nwithin any six-month period may be aggregated and the defendant\n\ncharged accordingly in applying the provisions of this section.\n\nWhen two or more offenses are committed by the same person in two or\n\nmore counties, the accused may be prosecuted in any county in which\n\none of the offenses was committed for all of the offenses aggregated\n\nunder this section. The applicable statute of limitations provision\n\nunder Section 93 of Title 12 of the Oklahoma Statutes shall not\n\nbegin to run until the insurance company or law enforcement agency\n\nis aware of the fraud, but in no event may the prosecution be\n\ncommenced later than seven (7) years after the act has occurred.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"8d18a3dd3f7bc983d029fe05b39698d6db78393a2f1cabaf4e04eb5fdf501b9a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-4055.13","next":"us-ok/okla.-stat.-tit.-36-36-4055.15"},"notice":"GroundRules: Original legal text. Not legal advice."}