New York Executive Law § 63(12) Explained
New York Executive Law § 63(12), sometimes called simply "6312" or "63(12)", is a New York law that gives the Attorney General of New York broad powers[1] to investigate and prosecute cases of alleged civil fraud.[2] [3] Due to its broad definitions,[4] section 63(12) provides the AG with far-reaching powers to issue subpoenas, as well as low legal hurdles to do so.[5] The law was passed in 1956,[6] while Jacob Javits was attorney general,[7] [8] and signed by governor Averell Harriman.
Section 63(12) has been used in many high-profile prosecutions, including in People v. Exxon Mobil (2018), during the New York civil investigation of The Trump Organization, and against Martin Shkreli.[9] [2]
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Notes and References
- News: Bozer . Alan J. . Lema . Ryan A. . New York Attorney General's Investigative Powers Under Executive Law § 63(12) Are Broad . New York Daily Record . May 2, 2018.
- News: Protess . Ben . Rashbaum . William K. . O'Brien . Rebecca Davis . Trump Is Battling a New York Law Used to Take on Corporate Giants . . September 23, 2022.
- Nadjari . Maurice H. . New York State's Office of the Special Prosecutor: A Creation Born of Necessity . . 1974 . 2 . 1 . 97 .
- Mulroney . William F. . Deceptive Practices in the Marketplace: Consumer Protection by New York Government Agencies . . 1975 . 3 . 3 . 491 .
- Lehner . Peter H. . Amato . Christopher A. . The Role of The Attorney General in Environmental Enforcement . Environmental Law in New York . March 2000 . 11 . 3 . 37 .
- News: Cassidy . John . The Powerful New York Law That Finally Brought Trump to Book . . September 29, 2023.
- News: Egan . Leo . Anti-Fraud Bills Hailed by Javits . . March 26, 1956 . 26.
- Liebman . Bennett . The Common Law Powers of the New York State Attorney General . Legislation and Public Policy . March 2021 . 23 . 1 .
- News: Protess . Ben . Bromwich . Jonah E. . Trump’s Harsh Punishment Was Made Possible by This New York Law . . February 16, 2024.
