416.051. Penalties--attorney general to prosecute--civil penalty for contempt.
Penalties--attorney general to prosecute--civil penalty for contempt.
416.051. 1. Any person who violates any of the provisionsof subsection* 1 or 2 of section 416.031 is guilty of amisdemeanor and, upon conviction thereof, shall be punished by afine of up to fifty thousand dollars or by imprisonment in thecounty jail for a term not to exceed one year, or by both suchpunishments at the discretion of the court. The attorney generalshall not commence prosecutions under this section against anydefendant who, at the time, is a defendant with regard to anycurrent information or indictment filed by the United States forviolation, or alleged violation, of the Federal AntitrustStatutes involving substantially the same subject matter.
2. The attorney general, with such assistance as he mayrequire from the appropriate county prosecuting attorney, shallinvestigate suspected criminal violations of sections 416.011 to416.161 and shall commence and try all criminal prosecutionsunder sections 416.011 to 416.161. Prosecutions under sections416.011 to 416.161 may be commenced by information or indictment.With regard to the investigation, commencement and trial of suchprosecutions, the attorney general shall have all the powers andduties vested in him by law with respect to criminalinvestigations and prosecutions generally. All reasonable andnecessary expenses incurred by a prosecuting attorney or hisstaff in assisting the attorney general shall be reimbursed fromappropriations made to the attorney general.
3. Any person who is found to be in contempt of any courtorder issued to enforce the provisions of section 416.031 arisingout of any proceeding brought by the attorney general shallforfeit and pay to the state a civil penalty of not more thantwenty thousand dollars. For the purposes of this section, thecircuit court issuing any such court order enforcing theprovisions of section 416.031 shall retain jurisdiction, and thecause shall be continued, and in such cases the attorney generalacting in the name of the state may petition for recovery ofcivil penalties.
(L. 1974 S.B. 424)*Word "subsections" appears in original rolls.