What is Martin Act?
Martin Act is a powerful law in New York, which allows the general prosecutor of the state to aggressively seek financial fraud. The General Prosecutor Eliot Spitzer was perfectly dominated by Martin Act against a number of high -ranking financial companies in New York to intervene against fraud at all levels of financial industry. It provides an extremely wide range of powers and is one of the most effective tools available to general prosecutors in the United States, and no other state has comparable legal regulations. Several amendments to legislation in the coming years have changed, which makes much stronger and little used. Many general prosecutors in New York rarely, if at all, Martin Act used. Especially he was reluctant to use it on the Powerhouse of Wall Street, as a financial induszkuz to play a key role in the New York economy.
She Martin can choose a general prosecutor whether he will deal with the case for civil or criminal reasons, and she must only prove that the fraud has occurred. Although the company or individual does not intend to commit scam, the case can be tested as a case of financial fraud and the powers of the Martin Act apply. This broad definition allows significantly greater freedom to carry out cases in court, since it is not always possible to prove that fraud has occurred with intent.
Martin Act allows you to summarize anyone in the state and allows the general prosecutor to determine whether the proceedings should be private or open to the public. There are also some legal protection for people accused of crimes. People do not have the right to the legal council and the right to protect against self -blame is more limited than in other cases. The goals of investigations can decide to "ask the fifth", refuse to testify because they can rune, but the general prosecutor can use it against them. ODHA information can also be usedLena during the investigation to add additional fees.
The wide range of powers according to this legislation makes it a powerful tool and potentially dangerous. Some critics of Martin's law believe that this legislation is too strong and suggests that it could be easy to abuse in different environments. This criticism can explain why officials are historically reluctant to use.