Okla. Stat. tit. 36, § 36-4055.14

Civil and criminal penalties.

A. In addition to the penalties and other enforcement

provisions of the Viatical Settlements Act of 2008, if any person

violates the Viatical Settlements Act of 2008 or any regulation

implementing the Viatical Settlements Act of 2008, the Insurance

Commissioner may seek an injunction in a court of competent

jurisdiction and may apply for temporary and permanent orders that

the Commissioner determines are necessary to restrain the person

from committing the violation.

Oklahoma Statutes - Title 36. Insurance Page 901

B. Any person damaged by the acts of a person in violation of

the Viatical Settlements Act of 2008 may bring a civil action

against the person committing the violation in a court of competent

jurisdiction.

C. The Commissioner may issue, in accordance with the

Administrative Procedures Act, a cease and desist order upon a

person that violates any provision of the Viatical Settlements Act

of 2008, any regulation or order adopted by the Commissioner, or any

written agreement entered into with the Commissioner.

D. When the Commissioner finds that an activity in violation of

the Viatical Settlements Act of 2008 presents an immediate danger to

the public that requires an immediate final order, the Commissioner

may issue an emergency cease and desist order reciting with

particularity the facts underlying the findings. The emergency

cease and desist order is effective immediately upon service of a

copy of the order on the respondent and remains effective for ninety

(90) days. If the Commissioner begins nonemergency cease and desist

proceedings, the emergency cease and desist order remains effective,

absent an order by a court of competent jurisdiction pursuant to the

Administrative Procedures Act.

E. In addition to the penalties and other enforcement

provisions of the Viatical Settlements Act of 2008, any person who

violates the Viatical Settlements Act of 2008 is subject to civil

penalties of up to Ten Thousand Dollars ($10,000.00) per violation.

Imposition of civil penalties shall be pursuant to an order of the

Commissioner issued under Section 313 of this title. The

Commissioner’s order may require a person found to be in violation

of the Viatical Settlements Act of 2008 to make restitution to

persons aggrieved by violations of the Viatical Settlements Act of

2008.

F. A person convicted of a violation of the Viatical

Settlements Act by a court of competent jurisdiction shall be:

1. Guilty of a Class B3 felony offense punishable by

imprisonment for not more than twenty (20) years or to payment of a

fine of not more than One Hundred Thousand Dollars ($100,000.00), or

both, if the value of the viatical settlement contract is more than

Thirty-five Thousand Dollars ($35,000.00);

2. Guilty of a Class C2 felony offense punishable by

imprisonment as provided for in subsections B through F of Section

20M of Title 21 of the Oklahoma Statutes, or to payment of a fine of

not more than Twenty Thousand Dollars ($20,000.00), or both, if the

value of the viatical settlement contract is more than Two Thousand

Five Hundred Dollars ($2,500.00) but not more than Thirty-five

Thousand Dollars ($35,000.00);

3. Guilty of a Class D1 felony offense punishable by

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, or to payment of a fine of

Oklahoma Statutes - Title 36. Insurance Page 902

not more than Ten Thousand Dollars ($10,000.00), or both, if the

value of the viatical settlement contract is more than Five Hundred

Dollars ($500.00) but not more than Two Thousand Five Hundred

Dollars ($2,500.00); or

4. Guilty of a Class D3 felony offense punishable by

imprisonment as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes, or to payment of a fine of

not more than Three Thousand Dollars ($3,000.00), or both, if the
iatical settlement contract is more than Five Hundred

Dollars ($500.00) but not more than Two Thousand Five Hundred

Dollars ($2,500.00); or

4. Guilty of a Class D3 felony offense punishable by

imprisonment as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes, or to payment of a fine of

not more than Three Thousand Dollars ($3,000.00), or both, if the

value of the viatical settlement contract is Five Hundred Dollars

($500.00) or less.

A person convicted of a violation of the Viatical Settlements

Act of 2008 shall be ordered to pay restitution to persons aggrieved

by the violation of the Viatical Settlements Act of 2008.

Restitution shall be ordered in addition to a fine or imprisonment,

but not in lieu of a fine or imprisonment.

G. Except for a fraudulent viatical settlement act committed by

a viator, the enforcement provisions and penalties of this section

shall not apply to a viator. A person convicted of a violation of

the Viatical Settlements Act of 2008 by a court of competent

jurisdiction may be sentenced in accordance with paragraph 1, 2, 3

or 4 of subsection F of this section based on the greater of (i) the

value of property, services, or other benefit wrongfully obtained or

attempted to obtain, or (ii) the aggregate economic loss suffered by

any person as a result of the violation. A person convicted of a

fraudulent viatical settlement act must be ordered to pay

restitution to persons aggrieved by the fraudulent viatical

settlement act. Restitution must be ordered in addition to a fine

or imprisonment but not in lieu of a fine or imprisonment.

In any prosecution under paragraphs 1, 2, 3 and 4 of subsection

F of this section the value of the viatical settlement contracts

within any six-month period may be aggregated and the defendant

charged accordingly in applying the provisions of this section.

When two or more offenses are committed by the same person in two or

more counties, the accused may be prosecuted in any county in which

one of the offenses was committed for all of the offenses aggregated

under this section. The applicable statute of limitations provision

under Section 93 of Title 12 of the Oklahoma Statutes shall not

begin to run until the insurance company or law enforcement agency

is aware of the fraud, but in no event may the prosecution be

commenced later than seven (7) years after the act has occurred.