Series 63 practice questioneasyParallel proceedings
If an Administrator in State Z initiates a civil injunction against an agent, which of the following is TRUE regarding parallel criminal proceedings?
- AA criminal proceeding can be pursued even if a civil case is pending or underway.✓ Correct answer
- BOnly one proceeding—civil or criminal—can be pursued at a time.
- CA criminal proceeding is barred if the civil case results in a settlement.
- DCivil and criminal cases must be consolidated into a single action.
Explanation
Why A — A criminal proceeding can be pursued even if a civil case is pending or underway.
The USA (Section 409(c)) allows civil and criminal actions to proceed independently and simultaneously. A civil settlement does not preclude a separate criminal prosecution.
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