N.Y. Insurance Law § 2312: Immigration bond premium

§ 2312. Immigration bond premium. (a) The premium for giving an

immigration bond or depositing money or property as immigration bail in

any court having immigration jurisdiction or in any immigration action

or proceeding shall not exceed ten per centum of the amount of such bond

or deposit in actions where such bonds or deposits do not exceed the sum

of three thousand dollars. Where such bonds or deposits exceed the sum

of three thousand dollars, the premium shall not exceed ten per centum

of the first three thousand dollars and eight per centum of the excess

amount over three thousand dollars up to ten thousand dollars and six

per centum of the excess amount over ten thousand dollars.

(b) No person, firm, corporation, or other entity, including an

insurance producer, shall:

(1) charge, collect, or receive, directly or indirectly, any fee or

compensation in connection with an immigration bail deposit or

immigration bond, other than the premium based on rates subject to the

maximum specified in subsection (a) of this section and filed with the

superintendent by the insurer pursuant to this article, notwithstanding

subsection (c) of section two thousand one hundred nineteen of this

chapter; or

(2) accept any fee or compensation for obtaining a license or for

obtaining an insurance producer or immigration bond or for an

immigration bail deposit.

(c) Any person, firm, corporation, or other entity that violates this

section shall be guilty of a misdemeanor. An indemnitor may maintain a

cause of action in a court of competent jurisdiction against any person,

firm, corporation, or other entity to recover any fee or compensation in

excess of the amount authorized pursuant to this section. The person,

firm, corporation, or other entity shall, in any action brought by an

indemnitor to recover any such overcharge, be liable for treble damages.

(d) Any agreement, or portion thereof, entered into requiring the

waiving of the requirements of this section or otherwise in violation of

this section shall be void and unenforceable.