sec.138Return of beneficial interest if in form of commission

### sec.138 Return of beneficial interest if in form of commission This section applies if— a person is convicted of an offence against section 137 (2) ; and the court convicting the person is satisfied on the balance of probabilities that the person, in connection with the offence, has recovered or retained from someone ( client ) for whom the person performed an activity an amount of commission to which the person was not entitled. The court must order the person to pay the amount to the client. The order must be made whether or not any penalty is imposed on the conviction. The client may file the order in a court having jurisdiction for the recovery of a debt of an equal amount and the order may be enforced as if it were a judgment of that court. (sec.138-ssec.1) This section applies if— a person is convicted of an offence against section 137 (2) ; and the court convicting the person is satisfied on the balance of probabilities that the person, in connection with the offence, has recovered or retained from someone ( client ) for whom the person performed an activity an amount of commission to which the person was not entitled. (sec.138-ssec.2) The court must order the person to pay the amount to the client. (sec.138-ssec.3) The order must be made whether or not any penalty is imposed on the conviction. (sec.138-ssec.4) The client may file the order in a court having jurisdiction for the recovery of a debt of an equal amount and the order may be enforced as if it were a judgment of that court. - (a) a person is convicted of an offence against section 137 (2) ; and - (b) the court convicting the person is satisfied on the balance of probabilities that the person, in connection with the offence, has recovered or retained from someone ( client ) for whom the person performed an activity an amount of commission to which the person was not entitled.