what power does the ny attorney general have

What is New York state power of attorney?

May 18, 2017 · The actual enforcement and prosecutorial power against crime in the Constitution is endowed in District Attorneys. The Attorney General would focus on defending both the state of New York and the people of the state of New York.

What are the power of attorney laws in New York?

The Attorney General serves all New Yorkers in numerous matters affecting their daily lives. The Attorney General's Office is charged with the statutory and common law powers to protect consumers and investors, charitable donors, the public health and environment, civil rights, and the rights of wage-earners and businesses across the State.

How to fill out a power of attorney?

Apr 01, 2019 · The law empowers the attorney general to subpoena witnesses and documents for information pertaining to possible fraud. "The Martin Act gives really broad powers," said Dennis Vacco, a Republican...

What are some examples of power of attorney?

The New York Attorney General also has the power to enjoin deceptive consumer practices or to initiate enforcement actions against any person or business that engages in deceptive acts or practices or false advertising pursuant to General Business Law (“GBL”) Sections 349 and 350. [25]

What power does the attorney general have?

The NSW Attorney General is the legal advisor to the Government of NSW. The Attorney General is responsible for representing the State and may act on its behalf in all legal proceedings in which the State is a party. preserves civil liberties.

What is the authority of the US attorney general?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

Who does the attorney general of New York report to?

The attorney general acts independently of the governor of New York. The department's regulations are compiled in title 13 of the New York Codes, Rules and Regulations (NYCRR).

What is the purpose of the attorney general's position in power?

The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.

Who is the NY State Attorney General?

Letitia James (Working Families Party)New York / Attorney generalLetitia Ann "Tish" James is an American lawyer, activist, and politician. She is a member of the Democratic Party and the current Attorney General of New York, having won the 2018 election to succeed appointed Attorney General Barbara Underwood. Wikipedia

Who is the DOJ now?

Attorney General Merrick B. GarlandMeet the Attorney General Attorney General Merrick B. Garland was sworn in as the 86th Attorney General of the United States on March 11, 2021.

How much does the New York attorney general make?

State executive salariesOffice and current officialSalaryAttorney General of New York Letitia JamesNew York Secretary of State Robert RodriguezNew York Public Service Commission James Alesi$127,000New York Commissioner of Agriculture Richard A. Ball$120,80010 more rows

What are the 3 main job duties of the NYS attorney general?

Representing the state and state agencies before the state and federal courts. Handling criminal appeals and serious statewide criminal prosecutions. Instituting civil suits on behalf of the state.

How many attorney generals are there in New York?

New York Former Attorneys GeneralBarbara Underwood (Acting)2018Eric Schneiderman2011 – 2018Andrew M. Cuomo2007 – 2010Eliot Spitzer1999 – 2006Dennis Vacco1995 – 199859 more rows

Is Attorney General a constitutional post?

The attorney general is selected by the Government and acts as its advocate, and hence is not a neutral person. Nevertheless, it is a constitutional authority, and his or her opinions are subject to public scrutiny.

What is the difference between Attorney General and Chief Justice?

In layman terms, Chief Justice is a Judge and Attorney General is a Lawyer, both have distinct roles to play. The Attorney General of India is the highest law officer of the country and he/she is the chief legal advisor to the GoI. He is responsible to assist the government in all its legal matters.Feb 20, 2020

What is the role of the Attorney General of New York?

The Attorney General serves all New Yorkers in numerous matters affecting their daily lives.The Attorney General's Office is charged with the statutory and common law powers to protect consumers and investors, charitable donors, the public health and environment, civil rights, and the rights of wage-earners and businesses across the State.

What is the Attorney General's authority?

The Attorney General's authority also includes the activities and investigations of the State Organized Crime Task Force and Medicaid Fraud Control Unit. While the Attorney General acts independently of the Governor, the Governor or a state agency may request the Attorney General to undertake specific criminal investigations and prosecutions.

What does the Attorney General do?

In fulfilling the duties of the State’s chief legal counsel, the Attorney General not only advises the Executive branch of State government, but also defends actions and proceedings on behalf of the State.

How many divisions are there in the Department of Law?

The legal functions of the Department of Law are divided primarily into five major divisions: Appeals and Opinions, State Counsel, Criminal Justice, Economic Justice and Social Justice. Over 1,800 employees, including over 700 attorneys, as well as forensic accountants, legal assistants, scientists, investigators, and support staff, ...

What is the law in New York that allows the Attorney General to seek restitution and damages?

There's also the Martin Act, a 1921 statute designed to protect investors.

What powers does the Martin Act give the Attorney General?

The law empowers the attorney general to subpoena witnesses and documents for information pertaining to possible fraud. "The Martin Act gives really broad powers," said Dennis Vacco, a Republican who served as New York attorney general from 1995 to 1998.

What is the scope of the James probe?

It is not yet clear what the scope or focus of James' new probe is, but former New York attorneys general told NBC News that she could use her office's sweeping powers as part of an investigation into whether Trump had defrauded consumers, which is when those powers are typically used, or financial institutions.

What crimes did Spitzer commit?

Spitzer, who later was elected governor only to resign amid a prostitution scandal in 2008, aggressively pursued white-collar crimes like securities fraud and used statutes such as the Martin Act to pursue prosecutions that had been typically left for federal authorities.

What is the power of corporate death?

The power has been described by the state Supreme Court as a "judgment of corporate death," with the offending company's transgressions needing to be so serious "as to harm or menace the public welfare" in order for it to be an appropriate remedy.

When did Letitia James take her oath?

New York State Attorney General Letitia James takes her oath of office on Ellis Island on Jan. 1, 2019. Andrew Lichtenstein / Corbis via Getty Images file. Shortly after her election in November, New York Attorney General Letitia James vowed to " use every area of the law " to probe President Donald Trump, his family and associates, ...

When did the state of New York close down the Oliver School?

In 1994 , the state closed down an education company that repeatedly failed to comply with student loan regulations. In "People by Abrams v. Oliver School," a New York appellate court affirmed the dissolution and said the power was typically used "as a remedy for persistent consumer fraud.".

What powers does the Attorney General have under the Martin Act?

We have previously written about the New York Attorney General’s expansive enforcement powers under New York’s Martin Act. [1] The Martin Act broadly regulates the advertisement, issuance, exchange, purchase or sale of securities, commodities and certain other investments within or from New York. It authorizes the Attorney General to conduct investigations of potential securities or commodities fraud, and to bring civil or criminal actions against alleged violators of the Act. [2] To that end, the Martin Act vests the New York Attorney General with a wide variety of enforcement powers, including the power to:

What does the Attorney General have to show in a subpoena?

While the courts have interpreted the Attorney General’s power broadly, the Attorney General still must be able to show that the information sought with an investigative subpoena “bear [s] a reasonable relation to the subject matter under investigation and to the public purpose to be achieved.”.

What is the Martin Act?

The Martin Act, Executive Law Section 63 (12) , and New York GBL Sections 349 and 350, along with certain additional New York statutory provisions, combine to grant the New York Attorney General broad authority to investigate and pursue civil and criminal enforcement actions related to allegedly fraudulent or deceptive and misleading practices involving securities, commodities and other financial and consumer transactions. The absence in these provisions of certain basic procedural and substantive protections, at least as interpreted by the New York Attorney General and some New York courts—and the aggressive manner in which a succession of New York Attorneys General have chosen to apply them—underscores the need for counsel representing an individual or entity served with an Attorney General investigative subpoena to consider challenging the propriety of the Attorney General’s conduct on procedural or substantive grounds. Such a response may include a motion to quash a subpoena in which procedural or substantive constitutional claims, along with other appropriate claims and objections, could be raised. Further scrutiny of the New York Attorney General’s enforcement program on these grounds by New York and federal trial and appellate courts is overdue.

What is an investigative subpoena in New York?

An investigative subpoena served by the New York Attorney General warrants the same care, and practical steps, that a subpoena in the more usual context—a civil lawsuit— requires. Thus, as with any subpoena, counsel should first ensure that the client properly implements a sufficient hold on potentially responsive electronic and hardcopy documents. At the outset, counsel should also, as with any law enforcement subpoena, contact the attorney at the New York Attorney General’s Office who issued the subpoena in an attempt to learn what they can about the investigation underlying the subpoena, and why the client received it. Counsel should also seek as necessary to clarify ambiguous requests, narrow requests that suffer from over-breadth, and seek an appropriate extension of any deadline in the subpoena for production of responsive documents.

What is fraudulent conduct?

Under the terms of Section 63 (12), “fraudulent conduct” includes “any device, scheme or artifice to defraud and any deception, misrepresentations, concealment, suppression, false pretense, false promise or unconscionable contractual provision.”.

When did Schneiderman file the injunction?

Schneiderman filed the action in November 2015 seeking an injunction to enjoin these sites from operating within the state. The injunction Schneiderman sought was granted, which would have required both websites to cease operations within the state.

Who can enforce consumer protection laws?

In addition, the Attorney General may initiate an enforcement action to enforce the consumer protection laws on behalf of the general public, while a private plaintiff lacks the power to bring an action pursuant to GBL Sections 349 and 350 on the grounds of general “consumer injury or harm to the public interest.”.

What happens if there is no Attorney General?

There is also a succession plan in place in the event there is no Attorney General due to absence or death, which allows the Deputy Attorney General to assume all powers and duties of the office. While the Deputy Attorney General would not be a confirmed Attorney General, they would have all of the powers of the office at hand as interim Attorney ...

When was the Office of the Attorney General created?

The Office of the Attorney General was created in 1789 and was intended to be a one-person position. The person in the position was supposed to be “learned in the law” and was tasked with conducting all suits in the Supreme Court and advising the president and cabinet in law-related matters.

How many times has Barr been Attorney General?

Barr has served as Attorney General twice, once during the George H.W. Bush administration from 1991 to 1993, and currently in the Trump administration. Barr has been consistent in his determination that the Executive branch claims absolute executive authority, contrary to our system of checks and balances.

What did Barr do to preserve the power of the Trump presidency?

In addition, Barr has indicated he is willing to do whatever it takes to preserve the power of the Trump presidency, even if constitutional violations occur. Barr began his tenure last year by lying about the content of Special Counsel Robert Mueller’s report.

What was the name of the department that was created after the Civil War?

To mitigate the situation, Congress created the Department of Justice , an executive department with the Attorney General as its head.

What is the Department of Justice?

The Department of Justice is responsible for most of the legal business of the government, and therefore, many of the law enforcement agencies throughout the country . There are six litigating divisions in the department: Antitrust.

Why should the Justice Department not be politicized?

The Department of Justice should be arguing to uphold the law and the office should not be politicized due to presidential influence or pressure. The Justice Department is supposed to be an independent agency and not subject to the pressure of the executive branch.

Why is a remedy for damages included in a POA?

Including a remedy for damages is intended to address the issue of financial institutions and other third parties rejecting POA forms for reasons not relevant to validity. The new legislation creates a presumption that a POA form is valid and permits courts to award damages.

Why do you need an SGR form?

The rationale for separating the duties of the agent from the SGR section was to prevent fraud and abuse of power.

What does an affidavit from an agent mean?

An affidavit from an agent should certify that the agent in question does not believe that that the POA is invalid or has been revoked or modified before the execution of the affidavit or has had any changes that may affect the agent’s authority in the transaction.

What is a safe harbor for third parties?

Safe Harbor for Third Parties Acting in Good Faith: Lastly, the revised legislation includes the Uniform POA Law provisions that create a safe harbor for recipients of a POA. If the recipient acts in good faith when accepting the POA, even if it is later deemed invalid, they are shielded from liability.

Is strict adherence a problem?

Strict adherence is especially damaging when a principal suffers from illness or incapacity, as it may be too late to correct insignificant errors in a POA form. The new law corrects this flaw by requiring a POA form to substantially comply with the statute; thus, insignificant errors will not invalidate an entire form.

Can a power of attorney be invalidated in New York?

Under current New York law, to have a valid power of attorney or statutory gift rider, both forms must be written precisely with strict adherence to the statute . This has caused documents to be invalidated in practice due to insignificant errors, which could have severe repercussions. Strict adherence is especially damaging when a principal suffers ...

Does Allowing Damages apply to POA?

Allowing damages will apply only to unreasonable denial to accept an agent’s authority under a statutory short form POA that substantially complies with the statute. Thus, this change will incentivize third parties to accept valid POA forms, since there will be a repercussion for unreasonable rejection.

What is the role of an attorney general?

As chief legal officers of the states, commonwealths, District of Columbia, and territories of the United States, the role of an attorney general is to serve as counselor to state government agencies and legislatures, and as a representative of the public interest.

What is the role of a public advocate?

Issuing formal opinions to state agencies. Acting as public advocates in areas such as child support enforcement, consumer protections, antitrust and utility regulation. Proposing legislation. Enforcing federal and state environmental laws. Representing the state and state agencies before the state and federal courts.

What is the People's Lawyer podcast?

The People’s Lawyer is a biweekly podcast from NAAG that explores the role of state and territory attorneys general as chief legal officers and their work protecting the rule of law and the U.S. Constitution.