Criminal, Civil, and Judicial Remedies: Rapid Fire

What this video covers

• The exact boundary between administrative and judicial power: cease and desist orders need no prior hearing, but rescission, restitution, disgorgement, receivers, and injunctions all require a court
• The civil rescission formula: purchase price plus interest, plus court costs and reasonable attorneys' fees, minus income received, with the buyer tendering the security back
• How a written rescission offer kills the buyer's right to sue if they remain silent for 30 days, regardless of whether they still own the security
• The criminal 5-5-3 rule: 5-year statute of limitations, $5,000 maximum fine, and 3 years maximum imprisonment per violation, with penalties stacking for multiple counts
• The no-knowledge-of-the-rule defense: it blocks imprisonment but does not block fines, and only applies when the defendant proves zero knowledge of the specific rule or order
• The civil statute of limitations dual prongs: 2 years from discovery versus 3 years from sale, with whichever expires first controlling
• Why control persons are jointly and severally liable, why waivers of rights are void, and why arbitration clauses are valid (forum change, not rights removal)