Tweed law

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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