why does new york attorney general have so much power

What powers does the New York attorney general have?

Apr 01, 2019 · New York law allows the attorney general to seek restitution and damages — and, in extreme cases, dissolution — if a business is found …

How to grant power of attorney in New York State?

May 08, 2018 · The fact that two of the last three men who served as New York attorney general were ousted from public life for sexual misbehavior clearly will overshadow a much bigger problem: The job is ...

Does the Attorney-General have state power?

To that end, the Martin Act vests the New York Attorney General with a wide variety of enforcement powers, including the power to: Commence investigations (public or confidential) into potentially fraudulent practices (N.Y. Gen. Bus. Law §§ 352, 354-55) Initiate civil proceedings for injunctive relief or restitution.

How many employees does the New York State Attorney General have?

May 18, 2017 · All of these attorneys general expanded their power at least partially on the basis of a single 1921 statute known as the Martin Act, which gives the New York AG vastly greater latitude in prosecuting financial crimes against shareholders.

Who does NY Attorney General report to?

the Governor of New YorkThe 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 power does the US Attorney General have?

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.

What does the attorney general do in New York?

As head of the Department of Law, the Attorney General is both the “People's Lawyer” and the State's chief legal officer. As the “People's Lawyer,” the Attorney General serves as the guardian of the legal rights of the citizens of New York, its organizations and its natural resources.

How much does the NY 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$120,80011 more rows

How many US attorneys are there in New York?

Below is a listing of current United States Attorneys for all 94 districts....U.S. Attorneys Listing.DistrictUnited States AttorneyNew York, NorthernCarla B. Freedman *New York, SouthernDamian Williams *New York, WesternTrini E. Ross *90 more rows

Does each state have an attorney general?

All 50 U.S. states, the District of Columbia, and American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands, have an attorney general who serves as the chief legal officer in their jurisdiction, counsels its government agencies and legislatures, and is a representative of the public ...

Is New York an attorney state?

Are You In An Attorney State?StateAttorney State?New MexicoNoNew York​Yes - Attorney StateNorth Carolina​Yes - Attorney StateNorth Dakota​Yes - Attorney State47 more rows•Jan 4, 2022

Is New York an attorney state for real estate?

Although attorneys aren't a required part of real estate transactions in many states, the local custom in New York is for both buyers and sellers to be represented by their own counsel. You might also want to hire a buyer's agent to help you find a home to purchase and advise you when making an offer.

Who is NY Governor?

Kathy Hochul (Democratic Party)New York / GovernorKathleen Courtney Hochul is an American lawyer and politician serving since August 24, 2021, as the 57th governor of New York. She is New York's first female governor, and the first governor to originate in upstate New York since the 1930s. Hochul is a member of the Democratic Party. Wikipedia

Who decides Attorney General salary?

the PresidentThe remuneration of the Attorney General of India is not fixed by the Constitution. He receives such remuneration as the President may determine.

How much does NYS Lt Governor make?

Lieutenant Governor of New YorkFormationJuly 30, 1777SuccessionFirstSalary$210,000 (2020)Website[1]8 more rows

What is the salary of the leader of the NYS Executive?

Chief Executive Officer Salary in New York, New York How much does a Chief Executive Officer make in New York, NY? The average Chief Executive Officer salary in New York, NY is $943,976 as of January 27, 2022, but the range typically falls between $713,237 and $1,216,356.

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:

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.

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 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 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 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 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 a POA in New York?

The New York legislature has established standardized forms specifying power of attorney (POA) requirements in New York relating to financial matters and to medical issues.Thanks to their efforts, the process of obtaining a POA in New York is relatively easy.

What is a living trust in New York?

A living trust in New York allows you to place your asset into a trust but still use them during your lifetime. Your beneficiaries inherit them after your death. A revocable living trust (sometimes known as an inter vivos trust) provides many advantages that may make it a desirable part of your estate planning process.

What is a POA?

Power of Attorney 101. A power of attorney (or POA) is a legal document that gives one person (known as the "agent") the authority to act for another person (known as the "principal"). Typically you use a POA if you can't be present to take care of a financial matter, or you want someone to be able to take care of your finances in ...

When does a POA become effective?

Also, traditionally, a POA became effective immediately upon being property signed by the principal. A POA that does not become effective unless and until the principal becomes incapacitated is known as a "springing" power of attorney (which by its nature is also durable).

What is a durable power of attorney?

A durable financial power of attorney can avoid financial disaster in the event you become incapacitated. You can also use a POA to allow someone to transact business for you if you are out of town or otherwise unavailable.

What you can file

The table below may contain content too wide for the screen. To view all of its content, please use the scrollbar at the bottom of the table, or scroll the table itself if using a touch device.

How to submit

You can complete Form POA-1 using our web application, accessible from your Online Services account. If you don’t have an Online Services account— create one! Once you have an account, you’ll need to:

How to revoke a power of attorney or withdraw from representation

Before you revoke a power of attorney (POA) or your representative withdraws, you should know the following information.

What is advance directive?

Advance Directives are a legal documents by which you may make provisions for future health care decisions in the event that you are unable to make such decisions for yourself. In New York State there are three types:

How old do you have to be to get a health care proxy?

You can complete a Health Care Proxy form if you are 18 years of age or older. A Health Care Proxy form, established under New York law, allows you to appoint someone you trust—a Health Care Agent—to make health care decisions on your behalf if you are no longer able to do so.2 You can tell your wishes to your agent orally or in writing. New York law requires hospitals and nursing homes to provide you with the Health Care Proxy form and information about creating a proxy.3

Is planning for end of life care a complex matter?

Although it is hard to talk about the final phase of life, it can be a great gift to our family and loved ones to prepare them in advance for the sometimes difficult and distressing decisions that must be made.

Is a living will valid in New York?

While New York does not have a law governing Living Wills, the Court of Appeals, New York’s highest court, has stated that Living Wills are valid as long as they provide “clear and convincing” evidence of your wishes.4 If you are 18 years of age or older, you may express your wishes in writing about your health care by signing a Living Will.

Why do you need a power of attorney?

Power of attorney refers to the conferring of specific responsibilities on an agent, with the purpose of having that agent carry out the principal’s will. Incapacity is just one of the reasons one would use a power of attorney. Another would be convenience. For example, if the principal busy at work and does not want to go to a real estate closing or something else of that nature, they will have their agent go in their place.

How many agents can a principal have?

A principal can have two individuals as agents, and they may require that they act together. Specific language would be set forth in the Power of Attorney form requiring that they act together and they each have to acknowledge that they are to act together.