N.Y. General Business Law § 343: Investigation by the attorney general

§ 343. Investigation by the attorney general. Whenever it shall appear

to the attorney general, either upon complaint or otherwise, that any

person or persons, partnership, corporation, company, trust or

association shall have engaged in or engages in or is about to engage in

any act or practice by this article prohibited or declared to be

illegal, or that any person, persons, partnership, corporation, company,

trust or association has assisted or participated in any plan, scheme,

agreement or combination of the nature described herein, or whenever he

believes it to be in the public interest that an investigation be made,

he may in his discretion either require or permit such person, persons,

partnership, corporation, company, trust or association to file with him

a statement in writing under oath or otherwise as to all the facts and

circumstances concerning the subject matter which he believes is to be

to the public interest to investigate. The attorney general may also

require such other data and information as he may deem relevant and may

make such special and independent investigations as he may deem

necessary in connection with the matter. The attorney general, his

deputy, assistant, or other officer designated by him, is empowered to

subpoena witnesses, compel their attendance, examine them under oath

before himself or a magistrate, a court of record or a judge or justice

thereof, and require the production of any books or papers which he

deems relevant or material to the inquiry. Any person, persons,

partnership, corporation, company, trust or association subject to

service of a summons within or without the state pursuant to article

three of the civil practice law and rules shall be subject to the

service of a subpoena properly issued pursuant to this section. Any

subpoena served hereunder without the state shall be issued on an

ex-parte order of the court based upon a showing that the information or

testimony sought bears a reasonable relationship to the subject matter

under investigation. All papers filed in connection with the obtaining

of said order may be maintained under seal by the clerk of the court

upon application of the attorney general to the court. Any person,

persons, partnership, corporation, company, trust, or association, who

has been served with subpoena pursuant to this section may make a

motion, pursuant to section twenty-three hundred four of the civil

practice law and rules, to quash, fix conditions, or modify such

subpoena. Any and all papers previously sealed by the court may be made

available to the person making such motion. Such power of subpoena and

examination shall not abate or terminate by reason of any action or

proceeding brought by the attorney general under this article. No person

shall be excused from attending such inquiry in pursuance to the

mandates of a subpoena, or from producing a paper or book, document or

any other record, or from being examined or required to answer questions

on the ground of failure to tender or pay a witness fee or mileage

unless demand therefor is made at the time testimony is about to be

taken and as a condition precedent to offering such production or

testimony and unless payment thereof be not thereupon made. The

provisions for payment of witness fee and/or mileage do not apply to any

officer, director or person in the employ of any person, partnership,

company, corporation, trust or association whose conduct or practices

are being investigated. If a person subpoenaed to attend such inquiry

fails to obey the command of the subpoena without good cause, or if a

person in attendance upon such inquiry shall without reasonable cause

refuse to be sworn or to answer a question or to produce a book, paper,

document or other record when ordered to do so by the officer conducting

such inquiry, or if a person, partnership, corporation, company, trust

or association fails to perform any act hereunder required to be

performed, he shall be guilty of a misdemeanor. The foregoing shall not

prevent the attorney general from instituting civil contempt proceedings

under section twenty-three hundred eight (b) of the civil practice law

and rules against any person who violates any of the above provisions.

It shall be the duty of all public officers, their deputies, assistants,

clerks, subordinates or employees, and all other persons to render and

furnish to the attorney general, his deputy or other designated

representative, when so requested, all information and assistance in

their possession or within their power. Any officer participating in

such inquiry and any person examined as a witness upon such inquiry who

shall disclose to any person other than the attorney general the name of

any witness examined or any other information obtained upon such

inquiry, except as so directed by the attorney general shall be guilty

of a misdemeanor. Such inquiry may upon written authorization of the

attorney general be made public.

The misdemeanors provided in this section shall be punishable by a

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

than one year, or both.