by any person in the sales plan, for use in making sales and not for
resale;
(2) Payment for promotional and administrative fees not to exceed twentyfive
dollars when computed on an annual basis.
(D) “Participant” means a person who purchases, proposes, plans, prepares,
or offers the opportunity to take part in, or advance into, a pyramid sales plan or
program.
§1333.92
Pyramid sales prohibited.
No person shall propose, plan, prepare, or operate a pyramid sales plan
or program.
§1333.93
Contract void; civil action recovery.
Any contract made in violation of section 1333.92 of the Revised Code is
void. Any person who has paid consideration for the chance or opportunity to
participate in a pyramid sales plan or program may recover, in a civil action,
the amount of the consideration paid, together with reasonable attorney fees,
from any participant who has received compensation under either of the
following circumstances:
(A) For introducing the person into participation in a pyramid sales plan or
program;
(B) When another participant has introduced the person into participation in a
pyramid sales plan or program.
§1333.94
Injunctive relief.
Whenever it appears that a person is violating or about to violate section
1333.92 of the Revised Code, the attorney general may bring an action in the
court of common pleas to enjoin the violation. Upon a proper showing, a
temporary restraining order, or a preliminary or permanent injunction shall be
granted without bond. The court may impose a penalty of not more than five
thousand dollars for each day of violation of a temporary restraining order or
preliminary or permanent injunction issued under this section.
§1333.95
Additional remedies.
The remedies in sections 1333.91 to 1333.95 of the Revised Code are in
addition to remedies otherwise available.
§1333.99
Penalties.
(G) Except as otherwise provided in this division, whoever violates section
1333.92 of the Revised Code is guilty of a misdemeanor of the first degree. If
the value of the compensation is five hundred dollars or more and less than five
thousand dollars, whoever violates section 1333.92 of the Revised Code is guilty
of a felony of the fifth degree. If the value of the compensation is five thousand
dollars or more and less than one hundred thousand dollars, whoever violates
section 1333.92 of the Revised Code is guilty of a felony of the fourth degree. If
the value of the compensation is one hundred thousand dollars or more, whoever
violates section 1333.92 of the Revised Code is guilty of a felony of the third degree.
§ 12.34. THIRD DEGREE FELONY PUNISHMENT.
individual adjudged guilty of a felony of the third degree shall be
punished by imprisonment in the institutional division for any term
of not more than 10 years or less than 2 years.
guilty of a felony of the third degree may be punished by a fine not
to exceed $10,000.