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This entry was published on 2014-09-22
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General Business (GBS) CHAPTER 20, ARTICLE 23-A
§ 353-a. Receivers. In any action brought by the attorney-general as
provided in this article, the court at any stage of the proceedings may
appoint a receiver of any and all property derived by the defendant or
defendants or any of them by means of any such fraudulent practices,
including also all property with which such property has been mingled if
such property can not be identified in kind because of such commingling,
together with any or all books of account and papers relating to the
same. The judgment entered in such action may provide that such receiver
shall take title to any or all such property and books of account and
papers relating to the same and liquidate such property or any part
thereof for the benefit of all persons intervening in the said action
and establishing an interest in such property. The judgment may also
provide that all such property, the title to or interest in which has
not been established in such action by intervenors or otherwise by due
process to be in a person or persons other than defendant or defendants,
shall be returned to the defendant or defendants as their interest may
appear. Such receiver shall be subject to all the duties of receivers
appointed in a civil action as far as practicable except that such
provisions relating to commissions or compensation of receivers shall
not be applicable to receivers appointed pursuant to this section, but
such commissions or compensation shall be fixed by the court in any
amount which it may determine to be just and equitable. In any action
brought by the attorney-general as provided in this article the court
may grant such other and further relief as may be proper.