(225 ILCS 45/8)
(from Ch. 111 1/2, par. 73.108)
Any person who intentionally fails to deposit the required sales
proceeds into a trust required under this Act, intentionally and improperly
withdraws or uses trust funds for his or her own benefit, or otherwise
intentionally violates any provision of this Act
is guilty of a Class 4 felony.
If any person intentionally violates this Act or fails or refuses to comply
with any order of the Comptroller or any part of an order that has become final
to the person and is still in effect, the Comptroller may, after notice and
hearing at which it is determined that a violation of this Act or the order has
been committed, further order that the person shall forfeit and pay to the
State of Illinois a sum not to exceed $5,000 for each
liability shall be enforced in an action brought in any court of competent
jurisdiction by the Comptroller in the name of the People of the State of
In addition to the other penalties and remedies provided in this Act, the
Comptroller may bring a civil action in the county of residence of the
or any person accepting trust funds to enjoin any violation or threatened
violation of this Act.
The powers vested in the Comptroller by this Section are in addition to any
and all other powers and remedies vested in the Comptroller by law.
(Source: P.A. 92-419, eff. 1-1-02.)