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SECTION 175
Enforcement by attorney general
Executive (EXC) CHAPTER 18, ARTICLE 7-A
§ 175. Enforcement by attorney general. 1. An action for violation of
this article may be prosecuted by the attorney general, or his deputy,
in the name of the people of the state, and in any such action, the
attorney general or his deputy, shall exercise all the powers and
perform all duties which the district attorney would otherwise be
authorized to exercise or to perform therein.

2. In addition to any other action or proceeding authorized by law and
any action or proceeding by the attorney general, the attorney general
may bring an action or special proceeding in the supreme court, in the
name and in behalf of the people of the state of New York, against a
charitable organization and any other persons acting for it or in its
behalf to enjoin such organization and/or persons from continuing the
solicitation or collection of funds or property or engaging therein or
doing any acts in furtherance thereof, and to cancel any registration
statement previously filed with the attorney general pursuant to this
article and for an order awarding restitution and damages, penalties and
costs; and removing any director or other person responsible for the
violation of this article; dissolving a corporation and other relief
which the court may deem proper, whenever the attorney general shall
have reason to believe that the charitable organization or other person:

(a) is violating or has violated any of the provisions of this
article;

(b) has refused or failed, or any of its principal officers has
refused or failed, after notice, to produce any records of such
organizations;

(c) is employing or about to employ, or there is employed or about to
be employed, in any solicitation or collection of funds or other
property for such organization, any device, scheme or artifice to
defraud or for obtaining money or property by means of a false pretense,
representation or promise;

(d) has made a material false statement in an application,
registration or statement required to be filed pursuant to this article;

(e) (i) has failed or is failing to apply the funds solicited from the
public in a manner substantially consistent with its charitable purposes
or solicitation or has engaged in repeated fraudulent or illegal
activities, acts or conduct in connection with the solicitation for
charitable purposes; (ii) or, in the case of a law enforcement support
organization, has failed or is failing to apply the funds solicited from
the public in a manner substantially consistent with the purposes of the
solicitation or has engaged in repeated fraudulent or illegal
activities, acts or conduct in connection with the solicitation for
purposes of the law enforcement support organization;

(f) violates any order or determination made by the attorney general
pursuant to the provisions of this article;

(g) has used or intends to use false or materially misleading
advertising or promotional material in connection with any solicitation
or with any commercial co-venture or fails to disclose the information
required to be disclosed pursuant to section one hundred seventy-four-b
of this article; or

(h) is a law enforcement support organization and is employing or
about to employ, or there is employed or about to be employed, in any
solicitation or collection of funds or other property for such
organization, any device, scheme or artifice to defraud or for obtaining
money or property by means of a false pretense, representation or
promise which shall include, without limitation, making any of the
following representations: (i) that professional fund raisers or
solicitors are police officers or employees of any law enforcement
agency, (ii) that funds collected will be used to aid widows and
children of police officers slain in the line of duty or for any other
charitable program unless the organization is actually engaged in such a
program, (iii) that contributors will receive special benefits from
police officers, and (iv) that contributions are tax deductible as a
charitable contribution or as a business expense unless they so qualify
under the applicable provisions of the internal revenue code.

In connection with such proposed action or proceeding the attorney
general is authorized to take proof, issue subpoenas and administer
oaths in the manner provided in the civil practice law and rules.

3. Upon a showing by the attorney general in an application for an
injunction that any person engaged in solicitation has been convicted in
this state or elsewhere of a felony or of a misdemeanor involving the
misappropriation, misapplication or misuse of the money or property of
another, and who has not, subsequent to such conviction, received
executive pardon therefor or a certificate of relief from disabilities
or a certificate of good conduct pursuant to article twenty-three of the
correction law, the supreme court, after a hearing, may enjoin such
person from engaging in any solicitation.

4. The attorney general may exercise the authority granted in this
section against any charitable organization which operates under the
guise or pretense of being an organization exempted by the provisions of
section one hundred seventy-two-a of this article and is not in fact an
organization entitled to such an exemption.

5. Whenever the attorney general shall have reason to believe that any
professional fund-raiser, fund raising counsel, professional solicitor
or commercial co-venturer is operating in violation of the provisions of
this article, or has made any false statement in any application,
registration or statement required to be filed pursuant to this article,
or if any professional fund-raiser, fund raising counsel, or commercial
co-venturer has refused or failed, after notice, to produce any records
demanded of him, or there is employed or is about to be employed in any
solicitation or collection of contributions for a charitable or
religious organization any device, scheme or artifice to defraud or for
obtaining money or property by means of any false pretense,
representation or promise, in addition to any other action or proceeding
authorized by law, he may bring in the supreme court an action or
proceeding in the name, and on behalf, of the people of the state of New
York against such professional fund-raiser, fund raising counsel,
commercial co-venturer, professional solicitor, and any other person who
has participated or is about to participate in such solicitation or
collection by employing such device, scheme, artifice, false
representation or promise, to enjoin such professional fund-raiser, fund
raising counsel, commercial co-venturer, professional solicitor, or
other person from continuing such solicitation or collection or engaging
therein or doing any acts in furtherance thereof, or to cancel any
registration statement previously filed with the attorney general.

6. Whenever the attorney general has determined to commence an action
under this article, he may present to any justice of the supreme court,
before beginning such action, an application in writing for an order
directing the person or persons mentioned in the application to appear
before the justice of the supreme court or referee designated in such
order and answer such questions as may be put to them or to any of them,
or to produce such papers, documents and books concerning the practices
to which the action which he has determined to bring relates, and it
shall be the duty of the justice of the supreme court to whom such
application for the order is made to grant such application. The
application for such order made by the attorney general may simply show
upon his information and belief that the testimony of such person or
persons is material and necessary. The provisions of the civil practice
law and rules relating to an application for an order for the
examination of witnesses before the commencement of an action and the
method of proceeding on such examination, shall not apply except as
herein prescribed. The order shall be granted by the justice of the
supreme court to whom the application has been made with such
preliminary injunction or stay as may appear to such justice to be
proper and expedient and shall specify the time when and place where the
witnesses are required to appear. The justice or referee may adjourn
such examination from time to time and witnesses must attend
accordingly. The testimony of each witness must be subscribed by him and
all must be filed in the office of the clerk of the county in which such
order for examination is filed. The order for such examination must be
signed by the justice making it and service of a copy thereof with an
endorsement by the attorney general signed by him or his deputy, to the
effect that the person named therein is required to appear and be
examined at the time and place and before the justice or referee
specified in such endorsement, shall be sufficient notice for the
attendance of witnesses. Such endorsement may contain a clause requiring
such person to produce at such examination all books, papers and
documents in his possession or under his control relating to the subject
of such examination. The order shall be served upon the person named in
the endorsement aforesaid by showing him the original order and
delivering to and leaving with him at the same time a copy thereof,
endorsed as above provided, and by paying or tendering to him the fee
allowed by law to witnesses subpoenaed to attend trials of civil actions
in any court of record in this state.

7. In addition to any other action authorized by law, the attorney
general may bring an action or special proceeding in the supreme court
to recover any civil penalties assessed by the attorney general.

8. Nothing contained in section one hundred seventy-seven of this
article shall prevent, limit, restrict, impede or delay the attorney
general from instituting, at any time, any action or proceeding
authorized by the provisions of this article or any other appropriate
law, as he may deem necessary.