2006 New York Code - Investigation By Attorney-general.



 
    §  352. Investigation by attorney-general. 1. Whenever it shall appear
  to the attorney-general, either upon complaint or otherwise, that in the
  advertisement, investment advice, purchase or sale within this state  of
  any  commodity  dealt  in  on  any  exchange within the United States of
  America or  the  delivery  of  which  is  contemplated  by  transfer  of
  negotiable  documents  of  title  all  of  which  are hereinafter called
  commodities,  or  that  in  the  issuance,  exchange,  purchase,   sale,
  promotion, negotiation, advertisement, investment advice or distribution
  within  or  from  this  state, of any stocks, bonds, notes, evidences of
  interest or indebtedness or other securities, including oil and  mineral
  deeds  or  leases and any interest therein, sold or transferred in whole
  or in part to the purchaser where the same do not effect a  transfer  of
  the  title  in fee simple to the land, or negotiable documents of title,
  or foreign currency orders, calls or options therefor hereinafter called
  security or securities, any person, partnership,  corporation,  company,
  trust  or  association,  or  any  agent  or employee thereof, shall have
  employed, or employs, or is  about  to  employ  any  device,  scheme  or
  artifice  to  defraud or for obtaining money or property by means of any
  false  pretense,  representation  or  promise,  or  that   any   person,
  partnership, corporation, company, trust or association, or any agent or
  employee  thereof,  shall have made, makes or attempts to make within or
  from this state fictitious or pretended purchases or sales of securities
  or commodities or that any person,  partnership,  corporation,  company,
  trust  or association, or agent or employee thereof shall have employed,
  or employs, or is about to  employ,  any  deception,  misrepresentation,
  concealment,  suppression,  fraud,  false  pretense or false promise, or
  shall have engaged in or engages  in  or  is  about  to  engage  in  any
  practice  or transaction or course of business relating to the purchase,
  exchange, investment advice or sale of securities or  commodities  which
  is  fraudulent  or  in  violation of law and which has operated or which
  would operate as a fraud upon the purchaser, or that any broker, dealer,
  or salesman, as defined by section three hundred  fifty-nine-e  of  this
  article,  or any agent or employee thereof, has sold or offered for sale
  or is attempting to sell  or  is  offering  for  sale  any  security  or
  securities  in  violation  of  the provisions of said section or section
  three hundred fifty-nine-ee, or that any other section of  this  article
  has  been violated, any one or all of which devices, schemes, artifices,
  fictitious or pretended purchases or sales of securities or commodities,
  deceptions,  misrepresentations,  concealments,  suppressions,   frauds,
  false  pretenses, false promises, practices, transactions and courses of
  business are hereby declared to be and are hereinafter referred to as  a
  fraudulent  practice  or fraudulent practices or he believes it to be in
  the public interest that  an  investigation  be  made,  he  may  in  his
  discretion   either   require   or   permit  such  person,  partnership,
  corporation, company, trust or association, or  any  agent  or  employee
  thereof, to file with him a statement in writing under oath or otherwise
  as  to  all  the  facts  and circumstances concerning the subject matter
  which he believes it is to the public interest to investigate,  and  for
  that  purpose  may  prescribe  forms upon which such statements shall be
  made.   The attorney-general  may  also  require  such  other  data  and
  information  as  he  may  deem  relevant  and  may make such special and
  independent investigations as he may deem necessary in  connection  with
  the matter.
    2. The attorney-general, his deputy or other officer designated by him
  is  empowered  to  subpoena  witnesses, compel their attendance, examine
  them under oath before him or a magistrate, a court of record or a judge
  or justice thereof and require the production of  any  books  or  papers
  which  he  deems  relevant  or  material  to  the inquiry. Such power of
  subpoena and examination shall not abate or terminate by reason  of  any
  action or proceeding brought by the attorney-general under this article.
    3. No person shall be excused from attending such inquiry in pursuance
  to  the  mandates  of  a subpoena, or from producing a paper or book, or
  from being examined or required to answer a question on  the  ground  of
  failure  of tender or payment of a witness fee and/or mileage, unless at
  the time of such appearance or production, as  the  case  may  be,  such
  witness  makes  demand  for such payment as a condition precedent to the
  offering of testimony or production required by the subpoena and  unless
  such  payment  is  not  thereupon  made.  The  provisions for payment of
  witness fee and/or mileage do not apply  to  any  officer,  director  or
  person  in  the employ of any person, partnership, corporation, company,
  trust or association whose conduct or practices are being investigated.
    4. If a person subpoenaed to attend such inquiry  fails  to  obey  the
  command  of  a  subpoena  without  reasonable  cause,  or if a person in
  attendance upon such inquiry shall without reasonable cause refuse to be
  sworn or to be examined or to answer a question or to produce a book  or
  paper  when  ordered so to do by the officer conducting such inquiry, or
  if a person, partnership, corporation,  company,  trust  or  association
  fails to perform any act required hereunder to be performed, he shall be
  guilty of a misdemeanor.
    5.  It  shall  be  the  duty  of  all public officers, their deputies,
  assistants, subordinates, clerks or employees and all other  persons  to
  render  and  furnish  to  the  attorney-general,  his  deputy  or  other
  designated officer when requested  all  information  and  assistance  in
  their  possession  or  within  their power. Any officer participating in
  such inquiry and any person examined as a witness upon such inquiry  who
  shall disclose to any person other than the attorney-general the name of
  any witness examined or any other information obtained upon such inquiry
  except  as  directed  by  the  attorney-general  shall  be  guilty  of a
  misdemeanor.

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