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Martin Act information


The Martin Act (New York General Business Law article 23-A, sections 352–353)[1] is a New York anti-fraud law, widely considered to be the most severe blue sky law in the country.[2] Passed in 1921, it grants the Attorney General of New York expansive law enforcement powers to conduct investigations of securities fraud and bring civil or criminal actions against alleged violators of the Act.[2] It was used infrequently until the early 2000s, when then-Attorney General Eliot Spitzer began using it to bring civil cases against Wall Street firms.[3] It has since become the basis for a number of high-profile cases, including a 2002 investigation of Merrill Lynch for alleged conflicts of interest,[4] and the 2012 suit against Bank of New York Mellon Corp. for allegedly defrauding customers through foreign currency transactions.[5]

  1. ^ New York State Assembly. "Laws of New York". New York State Assembly.
  2. ^ a b Gordon, Harold (2015). "Enforcement Proceedings Under New York's Martin Act" (PDF). Practical Law: The Journal: 20–26.
  3. ^ The Editorial Board (March 25, 2018). "The Worst Law in America". Wall Street Journal. ISSN 0099-9660. Retrieved May 22, 2018.
  4. ^ McTamaney, Robert (February 28, 2003). "New York's Martin Act: Expanding Enforcement in an Era of Federal Securities Regulation" (PDF). Legal Backgrounder. 18: 1.
  5. ^ "BNY Urges Judge to Reject New York's Forex Fraud Suit". Bloomberg.com. September 24, 2012. Retrieved May 23, 2018.

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