2006 New York Code - Enforcement By Attorney General.

 
    § 175. Enforcement  by attorney general. 1. An action for violation of
  this article may be prosecuted by the attorney general, or  his  deputy,
  in  the  name  of  the  people of the state, and in any such action, the
  attorney general or his  deputy,  shall  exercise  all  the  powers  and
  perform  all  duties  which  the  district  attorney  would otherwise be
  authorized to exercise or to perform therein.
    2. In addition to any other action or proceeding authorized by law and
  any action or proceeding by the attorney general, the  attorney  general
  may  bring  an action or special proceeding in the supreme court, in the
  name and in behalf of the people of the state of  New  York,  against  a
  charitable  organization  and  any other persons acting for it or in its
  behalf to enjoin such organization and/or persons  from  continuing  the
  solicitation  or  collection of funds or property or engaging therein or
  doing any acts in furtherance thereof, and to  cancel  any  registration
  statement  previously  filed  with the attorney general pursuant to this
  article and for an order awarding restitution and damages, penalties and
  costs; and removing any director or other  person  responsible  for  the
  violation  of  this  article;  dissolving a corporation and other relief
  which the court may deem proper, whenever  the  attorney  general  shall
  have reason to believe that the charitable organization or other person:
    (a)  is  violating  or  has  violated  any  of  the provisions of this
  article;
    (b) has refused or failed,  or  any  of  its  principal  officers  has
  refused  or  failed,  after  notice,  to  produce  any  records  of such
  organizations;
    (c) is employing or about to employ, or there is employed or about  to
  be  employed,  in  any  solicitation  or  collection  of  funds or other
  property for such  organization,  any  device,  scheme  or  artifice  to
  defraud or for obtaining money or property by means of a false pretense,
  representation or promise;
    (d)   has   made   a  material  false  statement  in  an  application,
  registration or statement required to be filed pursuant to this article;
    (e) (i) has failed or is failing to apply the funds solicited from the
  public in a manner substantially consistent with its charitable purposes
  or solicitation  or  has  engaged  in  repeated  fraudulent  or  illegal
  activities,  acts  or  conduct  in  connection with the solicitation for
  charitable purposes; (ii) or, in the case of a law  enforcement  support
  organization, has failed or is failing to apply the funds solicited from
  the public in a manner substantially consistent with the purposes of the
  solicitation   or   has   engaged  in  repeated  fraudulent  or  illegal
  activities, acts or conduct in  connection  with  the  solicitation  for
  purposes of the law enforcement support organization;
    (f)  violates  any order or determination made by the attorney general
  pursuant to the provisions of this article;
    (g) has  used  or  intends  to  use  false  or  materially  misleading
  advertising  or promotional material in connection with any solicitation
  or with any commercial co-venture or fails to disclose  the  information
  required  to be disclosed pursuant to section one hundred seventy-four-b
  of this article; or
    (h) is a law enforcement support  organization  and  is  employing  or
  about  to  employ,  or there is employed or about to be employed, in any
  solicitation  or  collection  of  funds  or  other  property  for   such
  organization, any device, scheme or artifice to defraud or for obtaining
  money  or  property  by  means  of  a  false pretense, representation or
  promise which shall include,  without  limitation,  making  any  of  the
  following   representations:  (i)  that  professional  fund  raisers  or
  solicitors are police officers  or  employees  of  any  law  enforcement
  agency,  (ii)  that  funds  collected  will  be  used  to aid widows and
  children of police officers slain in the line of duty or for  any  other
  charitable program unless the organization is actually engaged in such a
  program,  (iii)  that  contributors  will  receive special benefits from
  police  officers,  and  (iv)  that contributions are tax deductible as a
  charitable contribution or as a business expense unless they so  qualify
  under the applicable provisions of the internal revenue code.
    In  connection  with  such  proposed action or proceeding the attorney
  general is authorized to take  proof,  issue  subpoenas  and  administer
  oaths in the manner provided in the civil practice law and rules.
    3.  Upon  a  showing  by the attorney general in an application for an
  injunction that any person engaged in solicitation has been convicted in
  this state or elsewhere of a felony or of a  misdemeanor  involving  the
  misappropriation,  misapplication  or misuse of the money or property of
  another, and who  has  not,  subsequent  to  such  conviction,  received
  executive  pardon  therefor  or  a  certificate of good conduct from the
  parole board, the supreme court, after a hearing, may enjoin such person
  from engaging in any solicitation.
    4. The attorney general may exercise the  authority  granted  in  this
  section  against  any  charitable  organization which operates under the
  guise or pretense of being an organization exempted by the provisions of
  section one hundred seventy-two-a of this article and is not in fact  an
  organization entitled to such an exemption.
    5. Whenever the attorney general shall have reason to believe that any
  professional  fund-raiser,  fund raising counsel, professional solicitor
  or commercial co-venturer is operating in violation of the provisions of
  this article, or has  made  any  false  statement  in  any  application,
  registration or statement required to be filed pursuant to this article,
  or  if any professional fund-raiser, fund raising counsel, or commercial
  co-venturer has refused or failed, after notice, to produce any  records
  demanded  of him, or there is employed or is about to be employed in any
  solicitation  or  collection  of  contributions  for  a  charitable   or
  religious  organization any device, scheme or artifice to defraud or for
  obtaining  money  or  property  by  means   of   any   false   pretense,
  representation or promise, in addition to any other action or proceeding
  authorized  by  law,  he  may  bring  in  the supreme court an action or
  proceeding in the name, and on behalf, of the people of the state of New
  York  against  such  professional  fund-raiser,  fund  raising  counsel,
  commercial co-venturer, professional solicitor, and any other person who
  has  participated  or  is  about  to participate in such solicitation or
  collection  by  employing   such   device,   scheme,   artifice,   false
  representation or promise, to enjoin such professional fund-raiser, fund
  raising  counsel,  commercial  co-venturer,  professional  solicitor, or
  other person from continuing such solicitation or collection or engaging
  therein or doing any acts in  furtherance  thereof,  or  to  cancel  any
  registration statement previously filed with the attorney general.
    6.  Whenever the attorney general has determined to commence an action
  under this article, he may present to any justice of the supreme  court,
  before  beginning  such  action,  an application in writing for an order
  directing the person or persons mentioned in the application  to  appear
  before  the  justice  of the supreme court or referee designated in such
  order and answer such questions as may be put to them or to any of them,
  or to produce such papers, documents and books concerning the  practices
  to  which  the  action  which he has determined to bring relates, and it
  shall be the duty of the justice of  the  supreme  court  to  whom  such
  application  for  the  order  is  made  to  grant  such application. The
  application for such order made by the attorney general may simply  show
  upon  his  information  and  belief that the testimony of such person or
  persons is material and necessary. The provisions of the civil  practice
  law  and  rules  relating  to  an  application  for  an  order  for  the
  examination of witnesses before the commencement of an  action  and  the
  method  of  proceeding  on  such  examination, shall not apply except as
  herein  prescribed.  The  order  shall  be granted by the justice of the
  supreme  court  to  whom  the  application  has  been  made  with   such
  preliminary  injunction  or  stay  as  may  appear to such justice to be
  proper and expedient and shall specify the time when and place where the
  witnesses are required to appear. The justice  or  referee  may  adjourn
  such   examination   from   time  to  time  and  witnesses  must  attend
  accordingly. The testimony of each witness must be subscribed by him and
  all must be filed in the office of the clerk of the county in which such
  order for examination is filed. The order for such examination  must  be
  signed  by  the  justice making it and service of a copy thereof with an
  endorsement by the attorney general signed by him or his deputy, to  the
  effect  that  the  person  named  therein  is  required to appear and be
  examined at the time  and  place  and  before  the  justice  or  referee
  specified  in  such  endorsement,  shall  be  sufficient  notice for the
  attendance of witnesses. Such endorsement may contain a clause requiring
  such person to  produce  at  such  examination  all  books,  papers  and
  documents in his possession or under his control relating to the subject
  of  such examination. The order shall be served upon the person named in
  the  endorsement  aforesaid  by  showing  him  the  original  order  and
  delivering  to  and  leaving  with  him at the same time a copy thereof,
  endorsed as above provided, and by paying or tendering to  him  the  fee
  allowed by law to witnesses subpoenaed to attend trials of civil actions
  in any court of record in this state.
    7.  In  addition  to  any other action authorized by law, the attorney
  general may bring an action or special proceeding in the  supreme  court
  to recover any civil penalties assessed by the attorney general.
    8.  Nothing  contained  in  section  one hundred seventy-seven of this
  article shall prevent, limit, restrict, impede  or  delay  the  attorney
  general  from  instituting,  at  any  time,  any  action  or  proceeding
  authorized by the provisions of this article or  any  other  appropriate
  law, as he may deem necessary.