Cox v. Garvin

Summary

The Supreme Court of Georgia considered the meaning of “willfully” under OCGA § 10-5-13(a)(1)(A)(iv), which authorizes civil penalties for violations of the Georgia Securities Act. The court held that willfulness requires proof that the defendant intentionally committed the conduct violating the Act, not that the defendant knowingly intended to violate the law. The court reversed the Court of Appeals’ judgment applying a more demanding standard.

Holdings

1. A willful violation for purposes of imposing an administrative civil penalty requires proof that the defendant intended to commit the conduct that violated the Georgia Securities Act; it does not require proof that the defendant knew the conduct violated the Act or intended to violate the law.

Questions Presented

1. Whether "willfully" in OCGA § 10-5-13(a)(1)(A)(iv) requires proof that the defendant knowingly and intentionally violated the Georgia Securities Act.
2. Whether an administrative civil penalty may be imposed upon proof only that the defendant intentionally committed the conduct that violated the Act.

Disposition

reversed