05/11/2010 03:30:00 PM EST
State v. Bushman, 2010 UT App 120 (Utah App. May 6, 2010)
Core Terms: fine, double jeopardy, civil penalty, quotation
marks omitted, debarment, remedial, criminal penalty, criminal prosecution,
nonpunitive, Securities Act's, criminal conviction, civil remedy, alteration,
disability, deterrence, excessive, punitive, securities fraud, fine imposed,
civil sanctions, legislative intent, alternative purpose, mental state,
restitution, rationally, connected, scienter, override, monetary, investor
P. Lindsay and Douglas J Thompson, Spanish Fork, for Appellant.
Mark L. Shurtleff and Jeanne B. Inouye, Salt Lake City, for Appellee.
Judge: Before Judges Orme, Thorne, and
Bench. 1 William A. Thorne Jr., Judge. I CONCUR: Russell W. Bench, Senior Judge.
ORME, Judge (concurring in the result).
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