New York Executive Law § 63(12), sometimes called simply "63 12" or "63(12)",[2] is a New York law that gives the Attorney General of New York broad powers[3] to investigate and prosecute cases of alleged civil fraud.[2][4] Due to its broad definitions,[5] section 63(12) provides the AG with far-reaching powers to issue subpoenas, as well as low legal hurdles to do so.[6] The law was passed in 1956,[7] while Jacob Javits was attorney general,[8][1] and signed by governor Averell Harriman.
| New York Executive Law § 63(12) | |
|---|---|
| New York State Legislature | |
| Citation | Executive Law § 63 |
| Territorial extent | New York |
| Passed by | New York State Legislature |
| Passed | April 14, 1956[1] |
| Signed by | Averell Harriman |
| Status: Current legislation | |
Section 63(12) has been used in many high-profile prosecutions, including in People v. Exxon Mobil (2018), during the New York civil investigation of The Trump Organization, and against Martin Shkreli.[9][2]
References
edit- ^ a b Liebman, Bennett (March 2021). "The Common Law Powers of the New York State Attorney General" (PDF). Legislation and Public Policy. 23 (1).
- ^ a b c Protess, Ben; Rashbaum, William K.; O'Brien, Rebecca Davis (September 23, 2022). "Trump Is Battling a New York Law Used to Take on Corporate Giants". The New York Times.
- ^ Bozer, Alan J.; Lema, Ryan A. (May 2, 2018). "New York Attorney General's Investigative Powers Under Executive Law § 63(12) Are Broad". New York Daily Record.
- ^ Nadjari, Maurice H. (1974). "New York State's Office of the Special Prosecutor: A Creation Born of Necessity". Hofstra Law Review. 2 (1): 97.
- ^ Mulroney, William F. (1975). "Deceptive Practices in the Marketplace: Consumer Protection by New York Government Agencies". Fordham Urban Law Journal. 3 (3): 491.
- ^ Lehner, Peter H.; Amato, Christopher A. (March 2000). "The Role of The Attorney General in Environmental Enforcement" (PDF). Environmental Law in New York. 11 (3): 37.
- ^ Cassidy, John (September 29, 2023). "The Powerful New York Law That Finally Brought Trump to Book". The New Yorker.
- ^ Egan, Leo (March 26, 1956). "Anti-Fraud Bills Hailed by Javits". The New York Times. p. 26.
- ^ Protess, Ben; Bromwich, Jonah E. (February 16, 2024). "Trump's Harsh Punishment Was Made Possible by This New York Law". The New York Times.
External links
edit- "New York Consolidated Laws, Executive Law - EXC § 63. General duties". FindLaw. Retrieved October 3, 2023.