The lawsuit filed this week by the state’s attorney general, Letitia James, is based on the same statute that was used against Exxon Mobil, Juul and UBS.
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For decades, the New York attorney general’s office has relied on a little-known but powerful law to take on what it sees as the most egregious corporate wrongdoers, including oil producers, big banks, tobacco companies and Martin Shkreli. Now this dubious club has a new member: Donald J. Trump.
Attorney General Letitia James sued the former president, his family business and three of his children on Wednesday, accusing him of lying to lenders and insurers to fraudulently and extravagantly overstate his assets. – for an amount of billions of dollars.
Like thousands of previous actions by the attorney general’s office — including those against oil giant Exxon Mobil, global bank UBS, tobacco company Juul, and Mr. Shkreli and his former pharmaceutical company — Ms. James’ lawsuit against the Trumps hinges on a muscular law that provides her office with an upper hand when investigating and punishing corporate wrongdoing.
The law, enacted nearly 70 years ago when Jacob K. Javits was New York’s attorney general, has become a mainstay of the office. It has been central to a wide range of recent civil actions that have garnered hundreds of millions of dollars in settlements.
Ms. James’ lawsuit is not Mr. Trump’s first time with this particular status; his predecessors employed him in lawsuits against his for-profit education business, Trump University, and his family charity, the Trump Foundation, both of which paid millions of dollars to settle the cases. (The foundation was also dissolved).
Mr Trump has denied any wrongdoing in the latest case and accused Ms James, a Democrat running for re-election, of conducting a politically motivated “witch hunt”. Mr. Trump’s claim that the investigation was driven by politics was the subject of a countersuit that was thrown out by two judges this year.
The statute, known as Executive Law 63 (12), sounds more like an arcane ordinance than a powerful cudgel against corporate malfeasance. Still, it provides the attorney general with an unusually broad legal arsenal to investigate companies and individuals involved in “persistent fraud or illegality.”
In a press conference Wednesday announcing the case against Mr. Trump and his family business, Ms. James noted that the law “gives the attorney general broad and special powers.”
“It’s a very powerful statute,” said David Nachman, who has brought a number of cases citing the law during his 10 years in the attorney general’s office, including a sprawling lawsuit against opioid companies. . Mr. Nachman is now a visiting lecturer at Yale Law School.
Understand the New York State civil case against Trump
Understand New York State’s Civil Case Against Trump
An empire under scrutiny. Letitia James, the attorney general of New York State, led a years-long civil investigation into former President Donald J. To see also : Vaccination probably not going to be required for returning LSU students | Education. Trump’s business practices, culminating in a lawsuit accusing Mr. Trump of fraud. stunning”. Here’s what you need to know:
The origins of the investigation. The investigation began after Michael D. Cohen, Mr. Trump’s former personal lawyer and fixer, testified to Congress in 2019 that Mr. Trump and his employees manipulated his net worth to suit their interests
The possible punishments. Ms. James is trying to prevent Mr. Trump and three of her adult children — Eric, Ivanka and Donald Trump Jr. – never again run a business in the state. His office also referred the findings to federal prosecutors in Manhattan.
The power, he said, comes largely from a relatively low bar to prove fraud. In these cases, the attorney general’s office does not have to prove that the defendants intended to defraud anyone or that their actions resulted in financial loss. You can make a case based only on significant misrepresentation or deceptive practices.
The law also requires defendants to disgorge their ill-gotten gains, giving the attorney general considerable leverage in eventual settlement negotiations before a case goes to trial. The lawsuit against Mr. Trump is seeking the $250 million he claims he collected through his deceptions, and is asking a judge to essentially get him out of business in the state.
And the statute gives the attorney general’s office — the only agency authorized to bring cases under the law — substantial authority to investigate companies before prosecuting them. While the plaintiff in a typical civil dispute cannot collect documents or conduct interviews until after filing a lawsuit, “63 12” allows the attorney general to issue subpoenas, conduct depositions and do other digging in advance, before to decide if it is necessary.
With Mr. Trump, Ms. James questioned him under oath, but he refused to answer her questions, invoking his Fifth Amendment right against self-incrimination, a fact highlighted in her lawsuit against him.
“The conduct charged in this case was done specifically for the purpose of the statute,” said Harlan Levy, who served as attorney general from 2011 to 2015.
Most of the defendants under this law choose to settle, but the trial has had mixed results in recent years.
In 2019, after years of bitter litigation and a 12-day civil trial, a Manhattan judge ruled in favor of Exxon, finding that the attorney general’s office had failed to prove that the oil giant had committed fraud in the company’s public representation on climate change. . The complaint – which the judge called “hyperbolic” in his decision – was filed in 2018 by Ms. James’ predecessor, Barbara D. Underwood.
Exxon, in turn, sued the state in federal court, partly on the grounds that the investigation was politically motivated. The court threw out the case, and a higher court dismissed the appeal earlier this year.
Exxon is not unique in the level of politically motivated claims — a common allegation in politically sensitive cases brought by the attorney general’s office, not just those involving “63 12.”
In 2005, then-Attorney General Eliot Spitzer used the law to sue the insurance giant American International Group and its boss, Maurice R. Greenberg, who in turn accused Mr. Spitzer of using the case to enforce his political career.
Mr Trump had also attacked Ms James’ predecessors when they came after him by using “63 12”. In 2013, then-Attorney General Eric Schneiderman filed a lawsuit against Trump University, the for-profit education firm, calling it a “bait and switch” operation. Mr. Trump’s legal team called the investigation “politically motivated” and a “tremendous waste of taxpayer money.”
After fighting the case for years, Mr. Trump settled the case in 2016 with a $25 million settlement.
Overcoming Mr Trump’s objections, the Trump Organization said in response to Ms James’ case this week that her action was the product of “politics, pure and simple”.
Mr. Trump sued Ms. James in federal court late last year seeking to block his investigation, citing critical statements she made about the then-president during his first campaign for attorney general.
For her part, Ms. James noted at the press conference on Wednesday that the courts rejected Mr. Trump’s claims, clearing the way for her lawsuit accusing Mr. Trump of lying about the value of his property to ensure favorable loan conditions and insurance premiums. .
His lawsuit, he said, “proves that Donald Trump has falsely inflated his net worth by billions of dollars to unjustly enrich himself and to cheat the system, thereby cheating all of us.”
Do I need a pistol permit for a AR pistol NY?
Pistols and semi-automatic rifles require a permit. Read also : Texas abortion law could still be ‘destroyed’ by Supreme Court, Cassidy says. Permits are issued by County or State Supreme Court judges/justices outside of New York City, Westchester, Nassau and Suffolk Counties, with a background check.
Can I have an AR gun in NY? Yes, it is possible to own an AR15 in New York State while remaining in compliance with the SAFE Act and the process is not as complicated as you might think. You don’t need a special license and you don’t need to register your AR15 as an assault weapon if you follow these 5 simple steps.
Do you need a permit for an AR in NY?
New York City “Assault weapons”, including the AR-15, are banned in the city. Only law enforcement officers, current or retired, are exempt. On the same subject : Noor Mukadam murder: Zahir Jaffer refuses legal representation again, insists on counsel of own choice – Pakistan. Gun owners must have a permit and register all other weapons including pistols, rifles and shotguns. Gun owners also need a license and permit to carry.
Do you have to register an AR in NY?
New York law requires the registration of weapons that constitute “assault weapons” as defined by statute that were legally owned before January 15, 2013.
Are AR others legal in NY?
The SAFE Act made it a challenge for gun owners to comply in New York. Owners of AR-15s and other semi-automatic rifles must comply or risk a criminal record. Any AR that is not registered or made to be completed will be a Class offense.
Can you own an assault rifle in New York State?
New York’s assault weapons law prohibits the manufacture, transportation, disposal or possession of an assault weapon in the state.
What guns can you get without a permit NY?
No permit is required for the purchase of a rifle or shotgun (except in New York City). A license to carry or possess a handgun or revolver is required to purchase a handgun. (See GUN POSSESSION and CARRY.)
Are AR pistols legal in NY?
Fixed magazine and featureless rifles are legal for civilian purchase in New York. Fixed mag guns are legal in most New York counties, but are not legal in Suffolk County or Nassau County on Long Island. No AR-Style rifles are legal in the 5 boroughs.
Do you still need a pistol permit in NY?
A) Yes. You still need to have a license to own a pistol or revolver. * Nothing in the recent US Supreme Court decision changes this fact. *Note: The requirements for a semi-automatic rifle are covered in questions 19-21.
What guns are legal in NY without a permit?
In the rest of the state, adults 18 or older can buy long guns (rifles and shotguns) without a permit, and only adults 21 or older can buy or own a handgun (with licensing requirements proper).
Is AR-15 legal in NY State?
New York state now requires a buyer to be 21 years old before buying a semi-automatic rifle like an AR-15. Previously, an 18-year-old could have purchased similar guns. Democratic Gov. Kathy Hochul signed the measure Monday, which was among 10 other gun-related laws.
Which assault rifles are legal in NY?
Possession of assault weapons is prohibited, except those legally owned on January 15, 2013 and registered with the state as of January 15, 2014 or classified as an antique assault weapon. New York City, Buffalo, Albany and Rochester have enacted their own assault weapons bans.
What makes an AR-15 New York legal?
Gov. Kathy Hochul and legislative leaders have pledged to raise the legal age to buy an AR-15 assault rifle in New York to 21 from 18, and to pass a package of measures to strengthen gun laws earlier of the end of the state legislative session this week. .
What state has the least strict gun laws?
Summary. The most gun-friendly state in the United States is Arizona. The least gun friendly state in the US is Delaware.
Which state has the strictest gun laws? Hawaii has among the strictest gun laws in the nation. So strict, said attorney Alan Beck, that Hawaii essentially bans carrying guns outside the home. It has been virtually impossible to get a permit to carry a loaded gun in public, he said.
What is the most gun friendly state?
Alaska. Alaska does not require a permit, purchase permit or registration. There are no background checks on private gun sales, and open carry is allowed without a permit.
What state has the lowest gun violence?
Hawaii. The state with the least gun violence is Hawaii, which is great news for travelers, as the Aloha state has seen a real resurgence in tourism in recent months. Hawaii manages to maintain these statistics because they have some of the strictest gun laws in the country.
Which us state has highest gun violence?
Based on the number of gun deaths per capita in 2019 alone, the states with the most gun violence are: Alaska – 24.4…. Here are the 10 states with the highest rates of gun violence:
- Alaska – 24.5.
- Alabama – 22.9.
- Montana – 22.5.
- Louisiana – 21.7.
- Mississippi – 21.5.
- Missouri – 21.5.
- Arkansas – 20.3.
- Wyoming – 18.8.
Which US state has the most relaxed gun laws?
The states with the most lenient gun laws are New Hampshire, South Carolina, Georgia, Louisiana, Maine, Texas, Montana, West Virginia, Alabama, North Dakota, Oklahoma, Arkansas, Alaska, Kansas, South Dakota, Arizona, Kentucky, Missouri , Idaho, Wyoming and Mississippi.
Where is gun violence lowest?
States with the lowest gun death rates include Hawaii, Massachusetts, New Jersey, Rhode Island and New York.
Which state has the most lenient gun laws?
Summary. The most gun-friendly state in the United States is Arizona.
What makes an AR illegal in NY?
The state considers any semi-automatic, center-fire rifle to be an “assault” weapon if it has one of the following: No fixed magazine. Pistol grips (under the action or forward, second grip) Thumb stock.
What makes a gun illegal in New York? VAN BUREN, N.Y. – Semi-automatic rifles with detachable magazines are prohibited from being sold in New York if they have a protruding pistol grip. That’s because the NY Safe Act redefined what constitutes an assault weapon.
Can you legally build an AR-15 in New York?
The SAFE Act made it a challenge for gun owners to comply in New York. Owners of AR-15s and other semi-automatic rifles must comply or risk a criminal record. Any AR that is not registered or made to be completed will be a Class offense.
What makes an AR-15 New York legal?
Gov. Kathy Hochul and legislative leaders have pledged to raise the legal age to buy an AR-15 assault rifle in New York to 21 from 18, and to pass a package of measures to strengthen gun laws earlier of the end of the state legislative session this week. .
Can you legally build your own AR-15?
The ATF has long stated that it is 100% legal to build your own AR-15 (and most rifles) at home for personal use. You need special paperwork to build a short barreled rifle (SBR), which is considered an NFA item.
Can you build your own gun in New York?
The sale or possession of a kit like this, referred to by some as a “ghost gun kit,” will soon be illegal in New York. It should be noted that it has always been legal for private citizens in the United States to build their own firearms under federal law.
Are assault rifles illegal in NY?
Prohibiting the sale and purchase of assault weapons prevents one from acquiring assault weapons.
Are other AR legal in NY?
New York State The AR-15 and other models of assault rifles are not explicitly banned by name, and certain variants of the rifle are technically legal under the act. Handguns that fall under the SAFE Act’s definition of assault weapons that were purchased before January.
Are AR others legal in NY?
New York State The SAFE Act of 2013 banned most firearms that can receive detachable magazines and at least one other feature commonly associated with assault weapons. The AR-15 and other assault rifle models are not explicitly banned by name, and certain variants of the rifle are technically legal under the act.
Which rifles are legal in New York?
There is no state license requirement for the possession of a rifle or shotgun, as long as the rifle has barrel(s) at least 16 inches long and the shotgun has barrel(s) at least 18 inches long.
What makes an AR-15 New York legal?
Gov. Kathy Hochul and legislative leaders have pledged to raise the legal age to buy an AR-15 assault rifle in New York to 21 from 18, and to pass a package of measures to strengthen gun laws earlier of the end of the state legislative session this week. .
Can I carry a rifle in NYC?
New York City has its own rules for buying and carrying firearms. To own a handgun, you need a valid City handgun license. To own a rifle or shotgun, you need a permit from the city.
Can I carry an AR-15 in my car in NY? Last updated March 29, 2021. New York generally prohibits the possession of a handgun, shotgun or rifle, or assault weapon outside the home or place of business unless that persons licensed to carry a gun may do.
Can you have an AR-15 in NYC?
New York state now requires a buyer to be 21 years old before buying a semi-automatic rifle like an AR-15. Previously, an 18-year-old could have purchased similar guns. Democratic Gov. Kathy Hochul signed the measure Monday, which was among 10 other gun-related laws.
What makes an AR-15 New York legal?
Gov. Kathy Hochul and legislative leaders have pledged to raise the legal age to buy an AR-15 assault rifle in New York to 21 from 18, and to pass a package of measures to strengthen gun laws earlier of the end of the state legislative session this week. .
Do you have to register AR-15 in NY?
New York State Assault Weapons Registration You need to recertify your Assault Weapons Registration every five years. If you have successfully submitted your assault weapons registration recertification, you can check the status of your recertification. Driver’s License or Non-driver ID is required to register.
What are legal weapons to carry in NYC?
In New York you can own or possess a long gun, including rifles and shotguns, without the need for a permit or license. It is also possible to own a gun in New York State, but in order to be able to carry this type of gun, you need to obtain a permit for the weapon in order to be able to have it legally.
What legal weapons can you carry in NYC?
Many guns are legal in New York State that are not legal in other states throughout the United States. In New York you can own or possess a long gun, including rifles and shotguns, without the need for a permit or license.
What self-defense can you carry in New York?
Self Defense In NY, citizens have a duty to retreat from attackers if they feel they can do so safely. A person can use physical force in self-defense, the defense of a third person, in the defense of premises, or to prevent theft or criminal mischief to property.
What knives are legal in NYC?
On May 30, 2019, New York State’s ban on gravity knives was repealed. As a result, the mere possession of a gravity knife is no longer a crime under the Criminal Law. However, the mere possession of switchblades, pilum ballistic knives or metal knuckles still remains a misdemeanor under Penal Law § 265.01 (1).
Is it legal to carry a rifle in New York?
Unlike handguns, New York state law does not prohibit the open carry of rifles or shotguns, except in restricted buildings such as schools and courthouses.
Do you need a permit in NY for a rifle?
Firearms License Subject to limited exceptions, possession of a handgun or rifle/shotgun in New York City requires a license (for handguns) or a permit (for rifles/shotguns) issued by the NYPD Licensing Division.
Are rifles illegal in New York?
New York State Laws â Rifles and Shotguns However, it is illegal to carry a loaded rifle or shotgun in a vehicle. In general, New York residents do not need permits to own rifles or shotguns in New York, as long as the barrel of the rifle is at least 16 inches long or the barrel of the rifle is at least 18 inches long.
