N.Y. Executive Law § 534-s: General violations; prosecutions; penalties

§ 534-s. General violations; prosecutions; penalties. 1. The failure

of any witness, when duly subpoenaed to attend, give testimony or

produce other evidence, whether or not at a hearing, shall be punishable

by the supreme court in New York in the same manner as said failure is

punishable by such court in a case therein pending.

2. Any person who, having been duly sworn or affirmed as a witness in

any such hearing, shall willfully give false testimony or who shall

willfully make or file any false or fraudulent report or statement

required by this article to be made or filed under oath, shall be guilty

of a misdemeanor, punishable by a fine of not more than one thousand

dollars or imprisonment for not more than three hundred sixty-four days,

or both.

3. Any person who, having been duly sworn or affirmed as a witness in

any investigation, interview or other proceeding conducted by the

commission pursuant to the provisions of this article, shall willfully

give false testimony shall be guilty of a misdemeanor, punishable by a

fine of not more than one thousand dollars or imprisonment for not more

than three hundred sixty-four days, or both.

4. The commission may maintain a civil action on behalf of the state

against any person who violates or attempts or conspires to violate this

section or who fails, omits, or neglects to obey, observe, or comply

with any order or direction of the commission, to recover a judgment for

a money penalty not exceeding five hundred dollars for each and every

offense. Every violation of any such provision, order or direction,

shall be a separate and distinct offense, and, in case of a continuing

violation, every day's continuance shall be and be deemed to be a

separate and distinct offense. Any such action may be compromised or

discontinued on application of the commission upon such terms as the

court may approve and a judgment may be rendered for an amount less than

the amount demanded in the complaint as justice may require.

5. The commission may maintain a civil action against any person to

compel compliance with any of the provisions of this act or to prevent

violations, attempts or conspiracies to violate any such provisions, or

interference, attempts or conspiracies to interfere with or impede the

enforcement of any such provisions or the exercise performance of any

power or duty thereunder, either by mandamus, injunction or action.

6. Any person who violates or attempts or conspires to violate any

other provision of this article shall be guilty of a misdemeanor,

punishable by a fine of not more than five hundred dollars or by

imprisonment for not more than three hundred sixty-four days, or both.

7. Any person who interferes with or impedes the orderly registration

of longshore workers pursuant to this act or who conspires to or

attempts to interfere with or impede such registration shall be guilty

of a misdemeanor, punishable by a fine of not more than five hundred

dollars or by imprisonment for not more than three hundred sixty-four

days, or both.

8. Any person who directly or indirectly inflicts or threatens to

inflict any injury, damage, harm or loss or in any other manner

practices intimidation upon or against any person in order to induce or

compel such person or any other person to refrain from registering

pursuant to this act shall be guilty of a misdemeanor, punishable by a

fine of not more than five hundred dollars or by imprisonment for not

more than three hundred sixty-four days, or both.

9. Any person who shall violate any of the provisions of this article

or of section five hundred thirty-four-x of this article for which no

other penalty is prescribed shall be guilty of a misdemeanor, punishable

by a fine of not more than five hundred dollars or by imprisonment for

not more than three hundred sixty-four days, or both.

10. No person shall, without a satisfactory explanation, loiter upon

any vessel, dock, wharf, pier, bulkhead, terminal, warehouse, or other

waterfront facility or within five hundred feet thereof in that portion

of the port of New York district within the state of New York.

11. Any person who, without justification or excuse in law, directly

or indirectly intimidates or inflicts any injury, damage, harm, loss or

economic reprisal upon any person licensed or registered by the

commission, or any other person, or attempts, conspires or threatens so

to do, in order to interfere with, impede or influence such licensed or

registered person in the performance or discharge of the person's duties

or obligations shall be punishable as provided in subdivision three of

section five hundred thirty-four-r of this article.

12. In any prosecution under this act, it shall be sufficient to prove

only a single act or a single holding out or attempt prohibited by law,

without having to prove a general course of conduct, in order to prove a

violation.