2023 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.