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This entry was published on 2014-09-22
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SECTION 404
Powers of the financial frauds and consumer protection unit
Financial Services Law (FIS) CHAPTER 18-A, ARTICLE 4
§ 404. Powers of the financial frauds and consumer protection unit.
(a) The superintendent has authority under this article, the banking
law, the insurance law and other applicable laws to investigate
activities that may constitute violations subject to section four
hundred eight of this article or violations of the insurance law or
banking law and to develop evidence thereon.

(b) If the financial frauds and consumer protection unit has a
reasonable suspicion that a person or entity has engaged, or is
engaging, in fraud or misconduct with respect to the banking law, the
insurance law, the provisions of this chapter or other laws pursuant to
which the superintendent has investigatory or enforcement powers, then
the superintendent, in the enforcement of relevant statutes and
regulations, may undertake an investigation thereon, provided, however,
that the scope of authority set forth in this section shall not be
deemed to otherwise limit or impair the ability of the superintendent to
assist any other entity in an investigation involving a violation of
law, and provided further that the responsibility and power to
investigate any specific frauds or misconduct enumerated in this
chapter, the banking law, the insurance law and other laws pursuant to
which the superintendent has investigatory or enforcement powers shall
be included under the jurisdiction of the financial frauds and consumer
protection unit.

(c) Nothing in this chapter shall be construed to grant or authorize
the financial frauds and consumer protection unit the specific powers or
responsibilities of the consumer protection division of the department
of state.