what the new york attorney geneal office does

The Attorney General advises the executive branch of state government and defends actions and proceedings on behalf of the state. 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).

Full Answer

What does the Attorney General of New York do?

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 jurisdiction of the New York State Attorney General?

New York State Executive Law Section 70-b mandated the establishment of an Office of Special Investigation (OSI) within the Office of the New York State Attorney General (OAG), effective April 1, 2021. This legislation represents the codification and the expansion of the role previously performed by the Special Investigations and Prosecutions Unit (SIPU) since Executive Order …

Where is the Attorney General's Office in Albany NY?

The Attorney General's authority to prosecute crimes is found throughout the laws of New York State. For example, the Attorney General has independent criminal jurisdiction to prosecute fraud in the sale of securities, bid-rigging, and violations of the New York State Labor Laws dealing with the amount that workers must be paid. In other instances, the Attorney General’s jurisdiction …

Who was the Attorney General of New York in 1684?

The Investigations Division is comprised of sworn police officer investigators and civil investigators throughout the state. Many of the police officer investigators have specialized skills such as: computer forensics; language; forensic accounting; and technical surveillance, i.e. wiretaps, bugs and cameras. Investigators work on cases ...

What are the duties and responsibilities of the 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 types of cases does the US Attorney General office handle?

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.

What power does the US Attorney General have?

The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff. It represents the United States in federal criminal and civil litigation, and provides legal advice to the President and Cabinet.

How do I file a complaint with the NYS Attorney General?

ContactComplaint Form: To file a complaint, please complete the form at this link and mail it to us at:Phone: 212-416-8090.Email: [email protected] Hotline: ... NYS OAG Information and Complaint Helpline: 1-800-771-7755.NY State Police Investigation:More items...

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. Representing the public's interests in charitable trust and solicitations.

How do I file a complaint with the Attorney General Office?

If you cannot complete the form online or need additional assistance with where to direct your complaint, please call our OAG Help Line at (800) 771-7755. Filing a false complaint is punishable as a Class A Misdemeanor. We need complaints in writing.

Who is the New York state attorney?

Letitia “Tish” James is the 67th Attorney General for the State of New York.

What is it called when a higher court sends a case back to be tried again?

Instead, the appellate court will “remand”, or send, the case back to the trial court for the trial court to actually fix or re-decide the issue.

How is US Attorney General chosen?

The attorney general is a statutory member of the Cabinet of the United States. Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate.

What does the Attorney General do?

The Attorney General advises the executive branch of state government and defends actions and proceedings on behalf of the state. 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).

Who is the Attorney General of the Netherlands?

The office has been in existence in some form since 1626, under the Dutch colonial government of New Netherlands. Democrat Letitia James currently serves as Attorney General, in office since January 1, 2019.

How long does the Attorney General serve?

The attorney general is elected in the midterm elections and serves four-year terms.

Who did Letitia James beat?

Letitia James defeated Keith Wofford, Michael Sussman, Christopher B. Garvey, and Nancy Sliwa in the general election for Attorney General of New York on November 6, 2018. There were no incumbents in this race.

Who won the 2010 election?

To view the electoral history dating back to 2002 for the office of New York Attorney General, Click to expand the section. On November 2, 2010, Eric Schneiderman won election to the office of New York Attorney General. He defeated Dan Donovan (R), Carl Person (L) and Ramon Jimenez (Frdm) in the general election.

What is the OAG in New York?

New York State Executive Law Section 70-b mandated the establishment of an Office of Special Investigation (OSI) within the Office of the New York State Attorney General (OAG), effective April 1, 2021 . This legislation represents the codification and the expansion of the role previously performed by the Special Investigations and Prosecutions Unit ...

What is the objective of OSI?

While OSI’s principal objective is to thoroughly investigate the incidents covered by Executive Law Section 70-b, in order to determine whether a prosecution is warranted , OSI also seeks to enhance transparency and strengthen public trust in the criminal justice system in these sensitive incidents.

What is the purpose of the Public Integrity Bureau?

The Public Integrity Bureau (“PIB”) investigates and seeks to vindicate the public's interest in honest government. When government actors, or private individuals acting in concert with them, engage in corruption, fraud or illegal behavior in the course of their public duties, the PIB may investigate or take enforcement action to restore the public's interest in honest government and the integrity of government officials at the state and local level. Specifically, PIB handles complex investigations into government corruption, fraud and abuse of authority. Although PIB is part of the Criminal Division, PIB brings cases pursuant to both civil and criminal authority. The Bureau can also issue reports about its investigations and findings.

What is the criminal division?

The Criminal Division is comprised of the Criminal Enforcement and Financial Crimes Bureau, the Medicaid Fraud Control Unit, the Organized Crime Task Force, and the Public Integrity Bureau.

What is the Medicaid fraud control unit?

Medicaid Fraud Control Unit. The Medicaid Fraud Control Unit (“MFCU”), the largest unit within the Attorney General’s Criminal Division, is the centerpiece of New York’s effort to investigate, penalize, and prosecute individual and companies responsible for improper or fraudulent Medicaid billing schemes. In addition, the MFCU is the only law ...

What is AIFU in insurance?

The Auto Insurance Fraud Unit (AIFU) was established in response to an executive order signed by Governor Pataki on May 9, 2001. That order appointed the Attorney General as Special Prosecutor to investigate and prosecute criminal acts relating to fraudulent motor vehicle insurance claims. AIFU has a staff consisting of attorneys, investigators, auditors and analysts. AIFU, which is part of the Criminal Enforcement and Financial Crimes Bureau, conducts long-term investigations and prosecutions of individuals and groups involved in committing insurance fraud under the state's no-fault law and related crimes. Its investigations focus on individuals who stage motor vehicle accidents in order to submit fraudulent injury claims to insurance carriers, corrupt medical providers which participate in the submission of phony claims, and law firms which file fraudulent suits stemming from such incidents.

What is the OCTF?

The Organized Crime Task Force (“OCTF”) is a division of the New York State Department of Law that specializes in the investigation and prosecution of multi-county and multi-state organized criminal activities.

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 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 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.”.

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.

Does the Martin Act require scienter?

Notably, the Martin Act contains no scienter requirement. Courts interpreting the statute have held that the Attorney General does not need proof of an intent to deceive or defraud to begin an investigation or, for that matter, even to initiate an enforcement action.

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• The current officeholder is Attorney General Letitia James(D). She won election to the position on November 6, 2018.

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