Talk:Martin Act

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Self Incrimination

The martin act, aka New York Law (352 - 359-h): Fraudulent Practices In Respect To Stocks, Bonds And Other Securities (http://law.justia.com/newyork/codes/general-business/idx_gbs0a23-a.html) makes no explicit statement that People called in for questioning..do not have a right to counsel or a right against self-incrimination. One possible reference (http://www.paulweiss.com/files/Publication/26376664-7fbb-433f-927d-72c524dff194/Presentation/PublicationAttachment/849806d1-7d10-4999-ac4d-74966e6b778a/9Jan09Can.pdf) does state that Those who are subpoenaed to give testimony are not granted a right to counsel nor a right against self-incrimination. Failure to comply with a Martin Act investigative subpoena constitutes prima facie proof of fraud. However Maglaw ( http://www.maglaw.com/publications/data/00025/_res/id=sa_File1/07004030007Morvillo.pdf) states Parties may invoke the Fifth Amendment right against self-incrimination at a Martin Act hearing. If the attorney general directs a party who has invoked the Fifth Amendment to respond, answers given or documents produced by the witness cannot be used gain him or her in a subsequent criminal proceeding. The second ireference is consistent with the AG compelling testimony by granting immunity.--206.230.48.50 (talk) 17:26, 5 February 2010 (UTC)[reply]

Credible citations needed

Removed one sentence from the entry today, re: self-incrimination and right to council. if that is going to be discussed in this (shamefully short stub of an) article, then whatever is said must be supported by credible citations. This is too important an issue on which to screw the pooch. Yo, this article badly needs fleshing out by an Attorney with experience in NY securities law. 24.130.81.47 (talk) 20:46, 3 February 2012 (UTC)[reply]

Alex's comment

Interesting statute! I look forward to reading more about it.

Alex2018ALR (talk) 19:02, 13 May 2018 (UTC) Alex[reply]

Update needed

Rip van Winkle here. You refer to Schneiderman in the present tense? 108.20.218.243 (talk) 01:31, 12 December 2023 (UTC)[reply]