Summary of All Remedies Under the USA

What this video covers

• The four remedy categories (administrative, judicial, criminal, civil) and which authority handles each
• What the Administrator can do alone (investigate, issue cease and desist orders) versus what strictly requires a court (injunctions, receivers, monetary relief)
• How the civil private right of action works: the buyer initiates, the burden of proof falls on the seller, and the 3-year/2-year statute of limitations operates
• The 30-day rescission offer response period and what happens if the buyer ignores it
• The criminal prosecution flow: Administrator refers evidence, then the attorney general or district attorney (AG/DA) prosecutes in court
• The 5-5-3 memory aid: 5-year criminal statute of limitations, $5,000 maximum fine, 3 years maximum imprisonment per willful violation
• The burden of proof reversal between civil cases (seller must prove innocence) and criminal cases (state must prove guilt beyond a reasonable doubt)
• The imprisonment defense: no knowledge of the rule or order avoids jail but not fines