N.Y. General Business Law § 396-aa: Simulated check

* § 396-aa. Simulated check. 1. As used in this section, "simulated

check" means any document which is not currency or a check, draft, note,

bond, or other negotiable instrument but which, because of its

appearance, has the tendency to mislead or deceive any person viewing

such document into believing that it, in fact, represents currency or a

negotiable instrument which can be deposited in a bank or used for

third-party payments. "Simulated check" does not include a

non-negotiable check, draft, note or other instrument which is used for

soliciting orders for the purchase of checks, drafts, notes, bonds or

other instruments and which is clearly marked as a sample, specimen or

non-negotiable.

2. No person, firm or corporation shall produce, advertise, offer for

sale, sell, distribute or otherwise transfer for use in this state any

simulated check unless such document bears the phrase "THIS IS NOT A

CHECK" diagonally printed in clear and conspicuous type on the front of

such document.

3. Whenever there shall be a violation of this section, an application

may be made by the attorney general in the name of the people of the

state of New York to a court or justice having jurisdiction by a special

proceeding to issue an injunction, and upon notice to the respondent of

not less than five days, to enjoin and restrain the continuance of such

violations; and if it shall appear to the satisfaction of the court or

justice that the respondent has, in fact, violated this section, an

injunction may be issued by such court or justice, enjoining and

restraining any further violation, without requiring proof that any

person has, in fact, been injured or damaged thereby. Whenever the court

shall determine that a violation of this section has occurred, the court

may impose a civil penalty of not more than one hundred dollars for each

violation. In connection with any such application, the attorney general

is authorized to take proof and make a determination of the relevant

facts and to issue subpoenas in accordance with the civil practice law

and rules.

* NB There are 2 § 396-aa's