NY Gen Bus L § 353 (2021)
2021 New York Laws GBS - General Business Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities 353 - Action by Attorney-General.

§  353.  Action  by attorney-general. 1. Whenever the attorney-general   shall believe  from  evidence  satisfactory  to  him  that  any  person,   partnership,  corporation, company, trust or association has engaged in,   is engaged or is about to engage in any of the practices or transactions   heretofore referred to as and declared to be  fraudulent  practices,  he   may bring an action in the name and on behalf of the people of the state   of  New  York  against  such  person, partnership, corporation, company,   trust or association,  and  any  other  person  or  persons  theretofore   concerned  in  or in any way participating in or about to participate in   such  fraudulent  practices,  to  enjoin   such   person,   partnership,   corporation,  company,  trust  or  association  and such other person or   persons from continuing such fraudulent practices or engaging therein or   doing any act or acts in furtherance thereof or, if the attorney-general   should  believe  from  such  evidence  that  such  person,  partnership,   corporation, company, trust or association actually has or is engaged in   any  such  fraudulent  practice,  he  may  include  in  such  action  an   application to enjoin permanently such person, partnership, corporation,   company, trust or association, and such other person or persons  as  may   have  been  or may be concerned with or in any way participating in such   fraudulent practice, from selling or offering for  sale  to  the  public   within  this  state,  as  principal,  broker or agent, or otherwise, any   securities issued or to be issued. In said action an order or a judgment   may be entered awarding the relief applied for or so much thereof as the   court may deem proper. Upon a showing by  the  attorney-general  in  his   application  for  a  permanent  injunction  hereunder that the defendant   named in the action or an officer thereof has refused to be sworn or  to   be  examined  or  to  answer a material question or to produce a book or   paper relevant to the inquiry when duly ordered so to do by the  officer   or  judge duly conducting an inquiry into the subject matter forming the   basis of the application for such  injunction,  such  refusal  shall  be   prima  facie  proof  that  such  defendant  is  or  has  been engaged in   fraudulent practices as set forth in such application  and  a  permanent   injunction  may issue from the supreme court without any further showing   by the attorney-general. In such an action, the court may award  to  the   plaintiff  a  sum not in excess of two thousand dollars as an additional   allowance.2. Upon a showing by the attorney-general in  an  application  for  an   injunction  that  any  person  engaged  in  the purchase, sale, offer to   purchase  or   sell,   issuance,   exchange,   promotion,   negotiation,   advertisement  or  distribution  within  this  state  of any security or   securities, either as principal, partner, officer,  agent,  employee  or   otherwise,  has ever been convicted by a court of competent jurisdiction   in any state or country of any felony; or of any other criminal  offense   by  any  such  court,  whether  or  not constituting a felony, involving   securities, the supreme court after a  hearing  may  issue  a  permanent   injunction  awarding  the  relief applied for, or so much thereof as the   court may deem proper,  against  such  person  shown  to  have  been  so   convicted,  in  the  form  and manner provided for in subdivision one of   this section in case of one who  actually  has  or  is  engaged  in  any   fraudulent practice.3.  Upon  a showing by the attorney general that a fraudulent practice   as defined by this article has occurred, he may  include  in  an  action   under this article an application to direct restitution of any moneys or   property   obtained  directly  or  indirectly  by  any  such  fraudulent   practice.4. Notwithstanding any law to the contrary, all  monies  recovered  or   obtained  under  this  article  by  a  state agency or state official or    employee  acting  in  their  official  capacity  shall  be  subject   to   subdivision eleven of section four of the state finance law.