Restitution Assistance Fund
In 2011, the Commissioner’s office worked with Montana’s legislature to create a securities restitution assistance fund. The second of its kind in the nation, Montana’s fund helps victims of investment fraud recover a portion of what they lost when full restitution isn’t possible.
When the Commissioner prosecutes a case of investment fraud, the first priority is full restitution for victims. However, in some cases, the stolen money may be gone for good. Montana’s restitution fund was made to help victims in these cases.
The money for that fund comes from the fees paid by registered firms doing business with Montana investors. No taxpayer money is used in the fund.
Montana law limits the amount of assistance each victim may receive from the fund. Claims are limited to the lesser of $25,000 or 25% of unpaid restitution.
In 2015, HB57 doubled the maximum award victims could get from the restitution fund to $50,000 or 50 percent of their losses, whichever is less, if the victim is a senior citizen or any other Montanan defined in state law as a “ vulnerable person.” Additional limits apply if the fund’s balance is depleted below $1,000,000.
How to Apply for Restitution Assistance
- Download and print a copy of the restitution assistance application.
- Read the application carefully and complete all four pages of the application. If you have questions or problems, please call Lynne Egan at 406-444-4388.
- Attach a copy of the Final Order upon which your application is based.
- Attach copies of every restitution payment you recieved, if applicable. If non-cash restitution was received, provide a complete description and value of the restitution.
- Provide documentation that you were a Montana resident or were domiciled in Montana at the time of the securities transaction upon which your restitution order was based.
- Submit the application by certified mail to:Securities Restitution Assistance Fund
Office of the Montana State Auditor, Commissioner of Securities and Insurance
840 Helena Ave
Helena, MT 59601