Legislation
SECTION 358
Criminal prosecution
General Business (GBS) CHAPTER 20, ARTICLE 23-A
§ 358. Criminal prosecution. The attorney-general may prosecute every
person charged with the commission of a criminal offense in violation of
the laws of this state, applicable to or in respect of the practices or
transactions which in this article are referred to as fraudulent
practices. In all such proceedings, the attorney-general may appear in
person or by his deputy before any court of record or any grand jury and
exercise all the powers 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 attorney-general
may in his 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 shall forthwith
proceed to prosecute any corporation, company, association, or officer,
manager or agent thereof, or any firm or person charged with such
violation. In any such proceeding, wherein the attorney-general has
appeared either in person or by deputy, the district attorney shall only
exercise such powers and perform such duties as are required of him by
the attorney-general or the deputy attorney-general so appearing.
person charged with the commission of a criminal offense in violation of
the laws of this state, applicable to or in respect of the practices or
transactions which in this article are referred to as fraudulent
practices. In all such proceedings, the attorney-general may appear in
person or by his deputy before any court of record or any grand jury and
exercise all the powers 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 attorney-general
may in his 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 shall forthwith
proceed to prosecute any corporation, company, association, or officer,
manager or agent thereof, or any firm or person charged with such
violation. In any such proceeding, wherein the attorney-general has
appeared either in person or by deputy, the district attorney shall only
exercise such powers and perform such duties as are required of him by
the attorney-general or the deputy attorney-general so appearing.