2011 ORS § 646.815¹
Criminal prosecutions
  • compromise of criminal charges
  • effect of prior action seeking civil penalties

(1) Exclusive jurisdiction for criminal prosecution of any violation of ORS 646.725 (Prohibited acts) or 646.730 (Monopolies prohibited) is vested in the Attorney General. At any time, the Attorney General may receive and respond to an offer to compromise pending or potential criminal charges and any other related claims for relief under ORS 646.760 (Civil penalties), 646.770 (Equitable remedies), 646.775 (Actions by Attorney General) or 646.780 (Recovery of treble damages).

(2) The commencement of trial seeking civil penalties in any action under ORS 646.760 (Civil penalties) shall bar any subsequent criminal prosecution for violation of ORS 646.725 (Prohibited acts) or 646.730 (Monopolies prohibited), based upon the same acts complained of. The commencement of trial in a criminal prosecution for violation of ORS 646.725 (Prohibited acts) or 646.730 (Monopolies prohibited) shall bar any subsequent action for recovery of civil penalties under ORS 646.760 (Civil penalties), based upon the same acts complained of, but shall not bar a subsequent suit for injunctive relief under ORS 646.760 (Civil penalties). [1975 c.255 §16(2),(3); 1999 c.552 §1]