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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Criminal Code of 1961 is amended by adding | ||||||
| 5 | Section 32-14 as follows: | ||||||
| 6 | (720 ILCS 5/32-14 new) | ||||||
| 7 | Sec. 32-14. Unlawful manipulation of a judicial sale. | ||||||
| 8 | (a) A person commits the offense of unlawful manipulation | ||||||
| 9 | of a judicial sale when he or she knowingly and by any means | ||||||
| 10 | makes any contract with or engages in any combination or | ||||||
| 11 | conspiracy with any other person who is, or but for a prior | ||||||
| 12 | agreement is, a competitor of such person for the purpose of or | ||||||
| 13 | with the effect of fixing, controlling, limiting, or otherwise | ||||||
| 14 | manipulating (1) the participation of any person in, or (2) the | ||||||
| 15 | making of bids, at any judicial sale. | ||||||
| 16 | (b) Penalties. Unlawful manipulation of a judicial sale is | ||||||
| 17 | a Class 3 felony. A mandatory fine shall be imposed for a | ||||||
| 18 | violation, not to exceed $1,000,000 if the violator is a | ||||||
| 19 | corporation, or, if the violator is any other person, $100,000. | ||||||
| 20 | A second or subsequent violation is a Class 2 felony. | ||||||
| 21 | (c) Injunctive and other relief. The State's Attorney shall | ||||||
| 22 | bring suit in the circuit court to prevent and restrain | ||||||
| 23 | violations of subsection (a). In such a proceeding, the court | ||||||
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| 1 | shall determine whether a violation has been committed, and | ||||||
| 2 | shall enter such judgment as it considers necessary to remove | ||||||
| 3 | the effects of any violation which it finds, and to prevent | ||||||
| 4 | such violation from continuing or from being renewed in the | ||||||
| 5 | future. The court, in its discretion, may exercise all powers | ||||||
| 6 | necessary for this purpose, including, but not limited to, | ||||||
| 7 | injunction and divestiture of property. | ||||||
| 8 | (d) Private right of action. Any person who has been | ||||||
| 9 | injured by a violation of subsection (a) may maintain an action | ||||||
| 10 | in the Circuit Court for damages, or for an injunction, or | ||||||
| 11 | both, against any person who has committed such violation. If, | ||||||
| 12 | in an action for an injunction, the court issues an injunction, | ||||||
| 13 | the plaintiff shall be awarded costs and reasonable attorney's | ||||||
| 14 | fees. In an action for damages, the person injured shall be | ||||||
| 15 | awarded 3 times the amount of actual damages. This State, | ||||||
| 16 | counties, municipalities, townships, and any political | ||||||
| 17 | subdivision organized under the authority of this State, and | ||||||
| 18 | the United States, are considered a person having standing to | ||||||
| 19 | bring an action under this subsection.
Any action for damages | ||||||
| 20 | under this subsection is forever barred unless commenced within | ||||||
| 21 | 4 years after the cause of action accrued. In any action for | ||||||
| 22 | damages under this subsection, the court may, in its | ||||||
| 23 | discretion, award reasonable fees to the prevailing defendant | ||||||
| 24 | upon a finding that the plaintiff acted in bad faith, | ||||||
| 25 | vexatiously, wantonly, or for oppressive reasons. | ||||||
| 26 | (e) Exclusion from subsequent judicial sales. Any person | ||||||
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| 1 | convicted of a violation of subsection (a) or any similar | ||||||
| 2 | offense of any state or the United States shall be barred for 5 | ||||||
| 3 | years from the date of conviction from participating as a | ||||||
| 4 | bidding entity in any judicial sale. No corporation shall be | ||||||
| 5 | barred from participating in a judicial sale as a result of a | ||||||
| 6 | conviction under subsection (a) of any employee or agent of | ||||||
| 7 | such corporation if the employee so convicted is no longer | ||||||
| 8 | employed by the corporation and: (1) it has been finally | ||||||
| 9 | adjudicated not guilty or (2) it demonstrates to the circuit | ||||||
| 10 | court conducting such judicial sale and the court so finds that | ||||||
| 11 | the commission of the offense was neither authorized, | ||||||
| 12 | requested, commanded, nor performed by a director, officer or a | ||||||
| 13 | high managerial agent in behalf of the corporation as provided | ||||||
| 14 | in paragraph (2) of subsection (a) of Section 5-4 of this Code. | ||||||
| 15 | (f) Definitions. As used in this Section, unless the | ||||||
| 16 | context otherwise requires: | ||||||
| 17 | "Judicial sale" means any sale of real or personal | ||||||
| 18 | property in accordance with a court order, including, but | ||||||
| 19 | not limited to, judicial sales conducted pursuant to | ||||||
| 20 | Section 15-1507 of the Code of Civil Procedure, sales | ||||||
| 21 | ordered to satisfy judgments under Article XII of the Code | ||||||
| 22 | of Civil Procedure, and enforcements of delinquent | ||||||
| 23 | property taxes under Article XXI of the Property Tax Code. | ||||||
| 24 | "Person" means any natural person, or any corporation, | ||||||
| 25 | partnership, or association of persons.
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| 26 | Section 99. Effective date. This Act takes effect upon | ||||||
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| 1 | becoming law.
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