Sentences with phrase «subpoena power in»

The FIO also has subpoena power in certain circumstances, Nelson Levine says in the bulletin.

A lot of people don't realize that subpoena power in civil cases is broader than it is in criminal cases, Schoen says.

Most notably, the AG lacks subpoena power in corruption cases, which hamstrings him considerably — so much so that AG Eric Schneiderman has resorted to teaming up with state Comptroller Tom DiNapoli, who does have suboena power, to prosecute the misuse of public funds.

The AG does not have subpoena power in public corruption cases, which has caused Schneiderman to get creative, teaming up with his fellow statewide Democrat, Comptroller Tom DiNapoli, whose office does have that power, to prosecute the misuse of public funds.

It pretty much boils down to this: Schneiderman, through intermediaries, reportedly tried to get Cuomo to use his executive power to issue a so - called «blanket referral» that would give the AG subpoena power in corruption cases.

(Recall that the AG's office actually doesn't have subpoena power in corruption cases until the governor specifically refers a case to his office, which is why Andrew Cuomo couldn't compel testimony in the Troopergate case, but former Chief Judge Judith Kaye — working as Cuomo's request on the ethics charges lodged against Gov. David Paterson — can do so).

Not exact matches

The commission has the power to subpoena documents and compel top executives to testify in public.

But if JCOPE does decide to investigate the matter, then it would have subpoena power to review internal documents and communications in the matter, as well as possibly determine the extent to which Silver knew of the claims.

(The AG does NOT have subpoena power for public integrity cases, which is something Cuomo tried to change in the wake of Troopergate, but has declined to provide to his successor, AG Eric Schneiderman, now that he's governor).

That's not good enough for the Senate Republicans, who say they will use the subpoena power vested in the legislative committees to compel the company to testify.

When Schneiderman and Cuomo formed the commission in July, stacking it with district attorneys and other legal experts, they agreed to make each member a deputy attorney general, giving the panel broad investigative authority in addition to its subpoena powers.

Someone who also has subpoena power, and a potential interest in Cuomo's staff's communications.

«Moreover,» Chertoff continued in a 25 - page memorandum of law, «because the rules and procedures governing the Commission's exercise of its powers remain shrouded in mystery, the Commission has exceeded its own lawful authority to issue the subpoena.

«I think there is a sense that the acquisition of great wealth is a value in and of itself and rules are for chumps,» said Brodsky, who spent much of his 20 years rooting out corruption as a crusading committee chairman with subpoena power.

Should the County Executive, his or her appointed Director of Budget and Management, or anyone fail to provide information including but not limited to the budget reports requested in subsection (f) above, the chair of the Commission shall notify the clerk of the Erie County Legislature and the chair of the Erie County Legislature, in writing, and the Chair of the Legislature shall compel that such information be provided to the Commission by exercising the powers available to the Legislature, in particular those powers to subpoena and require the production of evidence as outlined in article 2, section 202, paragraph h of Local Law No.1 - 1959, as amended, constituting the Erie County Charter.

Another company, Competitive Power Ventures, a Maryland developer building a $ 900 million power plant in upstate Orange County, also acknowledged receiving a subpPower Ventures, a Maryland developer building a $ 900 million power plant in upstate Orange County, also acknowledged receiving a subppower plant in upstate Orange County, also acknowledged receiving a subpoena.

After Andrew Cuomo unceremoniously shuttered the Commission, the subpoenas were withdrawn — until U.S. Attorney for the Southern District of New York Preet Bharara's office incorporated the work into its own investigation, resulting in charges of «using the power and influence of his official position to obtain for himself millions of dollars of bribes and kickbacks masked as legitimate income.»

The Select Committee's subpoena power will expire in 2016, but Wisniewski expects it to wrap up its work much sooner.

Congress might have the authority to use its subpoena power to compel a mental examination of the President at that stage (i.e. after the cabinet triggers the process and the President resists it) in furtherance of its deliberative duty under Section 4 of the 25th Amendment, but that is far from obvious.

As the Times Union reported in June, Schwartz was quietly given the power to issue civil subpoenas under the Moreland Act, a century - old law that allows a governor «to examine and investigate the management and affairs of any department, board, bureau or commission of the state.»

The single - source contract began in May 2016, after NYPA was served with a grand jury subpoena related to Competitive Power Ventures, the energy company that employed Peter Galbraith Kelly, Jr., who prosecutors say bribed ex-Cuomo aide Joseph Percoco in exchange for official actions.

The statement of support failed, however, to mention Joe Percoco, Cuomo's former deputy executive secretary and campaign manager, and two other officials named in the subpoena: New York Power Authority President and CEO Gil Quiniones and former Economic Development Corp. spokesman Peter Cutler.

In a letter last August to Gov. David Paterson, Mr. Dinallo asked him to give the attorney general powers to subpoena and investigate potential civil and criminal violations in governmenIn a letter last August to Gov. David Paterson, Mr. Dinallo asked him to give the attorney general powers to subpoena and investigate potential civil and criminal violations in governmenin government.

He warned that unless the Legislature made real changes in ethics laws, he would use the subpoena powers of the Moreland Act to expose the dirt.

Beyond the governor's office, investigators have subpoenaed agencies that regulate solar power and implement solar initiatives, the State University of New York Polytechnic Institute, which has been the guiding force in a number of state - backed high - tech ventures, and Empire State Development Corp., the state's economic - development arm.

The inspector general would have broad authority to investigate waste and fraud in county operations and contracting and have the power to subpoena witnesses in investigations.

His most cynical and telling move last year was to charter a special state commission to investigate corruption in Albany, vesting it with independent subpoena powers, and then blocking attempts by that very commission to look into donors and activities that led back to his own administration.

Rob Ryan, Mr. Altschuler's campaign spokesman, said the courts have subpoena power to require that a voter prove his or her residency in the district, something Board of Elections commissioners can't do.

The commission will have subpoena power and includes, among others, Robert Abrams, the former state attorney general; Cuomo aide Benjamin Lawsky, who heads up the Department of Financial Services; John Dyson, the former NYPA chairman; former New York City Public Advocate Mark Green; Cuomo ally and Nassau County District Attorney Kathleen Rice; and Rev. Floyd Flake, the politically powerful pastor of Greater Allen African Methodist Episcopal Cathedral in Queens.

In 1987, Gov. Mario Cuomo (D) and New York Mayor Ed Koch (D) appointed the state commission on government integrity and gave it subpoena power and a sweeping mandate to examine official corruption.

They even drafted legislation that would require the state inspector general to refer cases to the AG, and confer subpoena power to that office in the process, any time a conflict of interest arises in a case — as it did in Troopergate, pitting the executive and legislative branches against one another.

In something of a veiled threat to Cuomo, Skelos pointed out that the Legislature has investigative committees with subpoena power that can look into the executive branch.

With more than 30 state lawmakers who have been embroiled in legal or ethical dilemmas since 2000, the state needs an independent watchdog with subpoena powers to not only examine individual instances of wrongdoing, but also to propose solutions to systemic problems of corruption that plague New York.

Acknowledgment of the investigation comes just days after federal prosecutors subpoenaed Cuomo's «executive chamber» — the official name of his office — regarding projects involved in the «Buffalo Billion» economic initiative and a proposed power plant in the Hudson Valley.

Even without subpoena power, here are some specific activities unearthed in recent years by reporters and others who dig in records in Albany.

SLED traditionally does not have subpoena power, which would make it difficult to obtain Greene's bank records in the event that he refuses to turn them over.

In its 2010 annual report Peabody notes that the New York Office of the Attorney General Subpoena wrote to Peabody on June 14, 2007 and referred to the company's «plans to build new coal - fired electric generating units,» and stated that the «increase in CO2 emissions from the operation of these units, in combination with Peabody Energy's other coal - fired power plants, will subject Peabody Energy to increased financial, regulatory, and litigation risks.&raquIn its 2010 annual report Peabody notes that the New York Office of the Attorney General Subpoena wrote to Peabody on June 14, 2007 and referred to the company's «plans to build new coal - fired electric generating units,» and stated that the «increase in CO2 emissions from the operation of these units, in combination with Peabody Energy's other coal - fired power plants, will subject Peabody Energy to increased financial, regulatory, and litigation risks.&raquin CO2 emissions from the operation of these units, in combination with Peabody Energy's other coal - fired power plants, will subject Peabody Energy to increased financial, regulatory, and litigation risks.&raquin combination with Peabody Energy's other coal - fired power plants, will subject Peabody Energy to increased financial, regulatory, and litigation risks.»

A 1994 tobacco case State of Minnesota and Blue Cross and Blue Shield of Minnesota v. Philip Morris et al proved the RICO law to be valuable not for racketeering convictions, but for its subpoena power to find and weaponize internal documents, which, in the case of the tobacco industry found documents that led to the fourth largest lawsuit money settlement in all of history, anywhere.

He is in the minority and has no subpoena power whatsoever.

William Perry Pendley, whose group, the Mountain States Legal Foundation, is named in Walker's subpoena, told me the effort by environmental groups is: «an abuse of power that we haven't seen in this country since Woodrow Wilson.»

The kicker in all this, according to the EFF, is that FBI Director Robert S. Mueller III then used this delay in obtaining these records to argue to Congress for administrative subpoena power.

Notable examples of the power of this volume include: subpoena forms that enable you to subpoena as many witnesses as needed and the proof of service forms that enable you to serve as many parties as you wish — all in one easy document assembly session.

But, the decision leaves Congress with the option of potentially changing that statute which currently limits the personal jurisdiction of federal trial courts to that of a state court of general jurisdiction in the same state, as it already does in cases that are predominantly «in rem» (e.g. interpleader cases and interstate boundary and real property title disputes), in bankruptcy cases, and with respect to the subpoena power of U.S. District Courts.

«A. Deputy commissioners shall have the power to subpoena witnesses, administer oaths, take testimony and hear the parties at issue and their representatives and witnesses, decide the issues in a summary manner, and make an award carrying out the decision.

In his remarks, Mueller reportedly also asked «lawmakers to expand the bureau's ability to obtain records without first asking a judge,» specifically, «to expand the FBI's administrative subpoena powers, which allow the bureau to obtain records without approval of a judge or grand jury.»

Helped grocery distributor McLane Co. obtain a grant of certiorari and represented the company before the US Supreme Court in a case addressing the subpoena power of the Equal Employment Opportunity Commission

These discovery and subpoena tools are all basically derivative of the common law trial subpoena power, and certain other powers that were vested in courts of equity, which is constitutionally recognized in federal criminal trials in the 6th Amendment which includes a right «to have compulsory process for obtaining witnesses in his favor» and applies in civil trials by tradition, court rule and statute.

Last week, a federal court in Ohio (in Voltage Pictures, LLC v. Does 1 - 43, 2013 WL 1874862) expressly recognized the concern that some production companies have been «misusing the subpoena powers of the court, seeking the identities of the Doe defendants solely to facilitate demand letters and coerce settlements, rather than ultimately serve process and litigate the claims.»

Representing a major air pollution control device manufacturer in response to third - party subpoenas in cases involving coal - fired power plants.

In its release, the FTC explains that its investigation would be able to expand on existing studies into trolling by using its subpoena power to force the trolls to disclose the nature of their corporate and legal practices.