N.Y. General Business Law § 692: Enforcement by attorney general

§ 692. Enforcement by attorney general. 1. The department may

prosecute every person charged with a criminal offense in violation of

this article and regulations issued thereunder. In all such proceedings,

the department may appear before any court of record or any grand jury

and perform all the duties in respect of such actions or proceedings

which the district attorney would otherwise be authorized or required to

exercise or perform; or the department may in its discretion transmit

evidence, proof and information as to such offense to the district

attorney of the county or counties in which the alleged violation has

occurred, and every district attorney to whom such evidence, proof and

information is so transmitted may proceed to investigate and prosecute

any person charged with such violation. In any such proceeding wherein

the department has appeared, the district attorney shall only exercise

such powers and perform such duties as are required of him by the

department.

2. Upon a showing by the department that a fraudulent practice as

defined by this article has occurred, the department may include in an

action under this article an application to direct restitution of any

moneys or property obtained directly or indirectly by any such

fraudulent practice.