N.Y. General Business Law 692 – Enforcement by attorney general
§ 692. Enforcement by attorney general. 1. The department may prosecute every person charged with a criminal offense in violation of this article and regulations issued thereunder. In all such proceedings, the department may appear before any court of record or any grand jury and perform all the duties in respect of such actions or proceedings which the district attorney would otherwise be authorized or required to exercise or perform; or the department may in its discretion transmit evidence, proof and information as to such offense to the district attorney of the county or counties in which the alleged violation has occurred, and every district attorney to whom such evidence, proof and information is so transmitted may proceed to investigate and prosecute any person charged with such violation. In any such proceeding wherein the department has appeared, the district attorney shall only exercise such powers and perform such duties as are required of him by the department.
Terms Used In N.Y. General Business Law 692
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
2. Upon a showing by the department that a fraudulent practice as defined by this article has occurred, the department 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.