- Tweed law
A
New York State Law that allows its Attorney General to pursue the recoupment of public funds misused by government officials without the request from a local official.Full text of NY Executive Law 63-c:
§ 63-c. Action by the people for illegal receipt or disposition
of public funds or other property. 1. Where any money, funds, credits,
or other property, held or owned by the state, or held or owned
officially or otherwise for or in behalf of a governmental or other public interest, by a domestic, municipal, or other public
corporation, or by a board, officer, custodian, agency, or agent of
the state, or of a city, county, town, village or other division,
subdivision, department, or portion of the state, has heretofore
been, or is hereafter, without right obtained, received, converted,
or disposed of, an action to recover the same, or to recover
damages or other compensation for so obtaining, receiving, paying,
converting, or disposing of the same, or both, may be maintained
by the state in any court of the state, or before any court or
tribunal of the United States, or of any other state, or of
any territory of the United States, or of any foreign country,
having jurisdiction thereof, although a right of action for the same
cause exists by law in some other public authority, and whether an
action therefor in favor of the latter is or is not pending when
the action in favor of the state is commenced. The attorney-general
shall commence an action, suit or other judicial proceeding, as
prescribed in this section, whenever he deems it for the interests of
the state so to do; or whenever he is so directed, in writing, by the
governor.
2. Upon the commencement by the state of any action, suit or
other judicial proceeding, as prescribed in this section, the entire
cause of action, including the title to the money, funds,
credits, or other property, with respect to which the suit or action is
brought, and to the damages or other compensation recoverable
for the obtaining, receipt, payment, conversion or disposition
thereof, if not previously so vested, is transferred to and becomes
absolutely vested in the state. 3. Any court of the state in which an action is brought by the
state, as prescribed in this section, may direct, by the final
judgment therein, or by a subsequent order, that any money,
funds, damages, credits, or other property, recovered by or awarded
to the plaintiff therein, which, if that action had not been
brought, would not have vested in the state, be disposed of, as
justice requires, in such a manner as to reinstate the lawful
custody thereof, or to apply the same or the proceeds thereof to the
objects and purposes for which they were authorized to be raised
or procured; after paying into the state treasury out of the
proceeds of the recovery all expenses incurred by the state in the
action.
4. Any corporation, board, officer, custodian, agency, or
agent, in behalf of any city, county, town, village, or other
division, subdivision, department, or portion of the state, which was
not a party to an action, brought as prescribed in this section, and
which claims to be entitled to the custody or disposition of any of
the money, funds, damages, credits, or other property, recovered
by, or awarded to the plaintiff, by the final judgment in the action,
or any of the proceeds thereof, and not disposed of as prescribed
in subdivision three, may bring a special proceeding against the
attorney-general at any time after the actual collection of the
money and its payment into the state treasury, or the actual receipt of
the property by the state, in the supreme court, county of
Albany, seeking disposition of the money or other property.
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