359-g. Violations and penalties. 1. (a) Any person, partnership, corporation, company, trust or association having been served with an order issued pursuant to the provisions of section three hundred and fifty-four staying or enjoining any practices or transactions, or with any order or with a final judgement in an action brought by the attorney-general, as in this article provided, staying or enjoining any practices or transactions, and any person, partnership, corporation, company, trust or association having knowledge of the issuance of any such order or judgment who, while such order or judgment is in effect, shall disobey the same, shall be deemed in contempt of court and shall be guilty of a misdemeanor and in addition for every violation or attempted violation of such order or such judgment shall be liable to a civil penalty of three thousand dollars, recoverable in an action brought by and in the name of the people of the state of New York. Such penalty shall be cumulative and more than one penalty shall be recoverable in the same action in any court of competent jurisdiction. Any person, partnership, corporation, company, trust or association who has previously been convicted of a violation of this article, or who has been previously convicted within the five years immediately preceding, of any crime in this state, or any offense without the jurisdiction of this state for which a sentence to a term of imprisonment in excess of one year was authorized, and which crime or offense involved the issuance, distribution, exchange, sale, negotiation or purchase of securities or commodities, by fraud, deception, concealment, suppression, false pretense, false promise, theft or fictitious purchase or sale, or who has been previously found in contempt of court hereunder under this article and who subsequently violates the provisions of this section or any other provision of this article shall be guilty of a Class E felony.
(b) For purposes of this section the term "security" shall be as defined in this article or in section two of the United States Securities Exchange Act of 1934, 15 U.S.C. 78c and the term "commodity" shall be as defined in this article or in section two of the United States Commodities Exchange Act, 7 U.S.C. 2.
(c) An appeal from an order or judgment entered under the provisions of this article shall not operate as a stay of proceedings to enforce such order or judgment, or suspend the injunction thereby granted unless a justice of the supreme court, assigned to the appellate division to which such appeal is taken, shall, upon notice to the attorney-general, make an order granting such stay or suspending such injunction upon such terms as he deems proper.
2. Any person, partnership, corporation, company, trust or association violating any of the provisions of this article shall be guilty of a misdemeanor, except where otherwise provided herein, punishable by a fine of not more than five hundred dollars, or imprisonment for not more than one year or both.
3. Modification or dissolution of a permanent injunction. Any person against whom an injunction has been granted under the provisions of this article may apply to the supreme court at any time after five years from the date such permanent injunction became effective, upon at least sixty days notice to the attorney-general, for an order dissolving such injunction or modifying the same upon such terms and conditions as the court deems necessary or desirable. Such application for dissolution or modification of such injunction shall contain a recitation of the facts and circumstances which caused the granting of the injunction; the occupation and employment of the person making the application and his financial remuneration therefrom since the time the injunction was granted; his net worth at the time of the application and the source thereof, together with any other facts bearing upon the reasonableness of the application and the character of the applicant, as may enable the court to issue an order that will properly dispose of such application in the interests of justice. A copy of such application, together with copies of any other papers in support thereof, shall be served upon the attorney-general at least sixty days prior to the return date thereof. In addition thereto the applicant shall file with the court a good and sufficient surety bond in the sum of one thousand dollars guaranteeing that he will pay all costs and expenses of an investigation by the attorney-general of such applicant and the statements and claims alleged in the application together with any further investigation which the attorney-general may deem necessary or desirable to determine whether he should consent to the application, oppose the same, or make such other recommendations to the court as in his opinion are desirable to be included in any modification of such injunction. Should it appear in the course of such investigation by the attorney-general that said sum is not sufficient, the attorney-general may apply to the court by usual notice of motion or order to show cause for an increase in the amount of security or further surety bond necessary to fully pay all of the costs of the investigation and the court may require such further bond as the situation requires to fully pay the costs and expenses of the investigation. Upon the completion of such investigation, the attorney-general may file an answer to such application setting forth such facts as are pertinent to the determination by the court of the matter before it and whether said injunction should be dissolved, modified or continued in whole or in part and what conditions, if any, shall be attached to any dissolution or modification of said injunction. After a hearing upon such application and after any further investigation, proof or testimony which the court may desire has been offered, or at any adjourned dates thereof, the court may make a final order dissolving the permanent injunction or modifying the same upon such terms and conditions as in its opinion are just and desirable, or in its discretion, may deny the application. Such order shall contain a direction that the applicant pay to the attorney-general the costs and expenses of the investigation in connection with the proceeding, and any judgment entered thereon may be enforced directly against the surety on the bond. The court shall grant no temporary or other relief from the injunction in force pending a final determination of such application. No application under this subdivision shall be entertained: (a) where the injunction was granted as an incident to a crime of which the applicant had been or was later convicted, nor (b) in any case where the applicant has been convicted of a felony or a crime that would be a felony if committed in the state of New York since the issuance of the injunction or (c) convicted at any time of any crime involving stocks, bonds, investments, securities, or like instruments, which are the subject matter of this article. Nor shall anything contained in this subdivision be construed to deny to or interfere with the power of the attorney-general to bring any other action or proceeding, civil or criminal, against the applicant at any time.
Last modified: February 3, 2019