how can New York sue a person in a civil case instead of a criminal one?

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I thought civil cases were designed for person vs person, contract disputes, divorce, etc. but in this case the it seems like the state is accusing someone of breaking the law but then not giving them the protections of A criminal trial (unanimous jury to be found guilty/liable). I am confused on how this works.

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Anonymous 0 Comments

The simple answer is that New York law says the state can sue a person.

At the risk of breaking the rule about current events, New York Executive Law, Section 63.12, specifically authorises the attorney general to bring a civil case against anyone engaged in “repeated fraudulent or illegal acts” or otherwise demonstrating “persistent fraud or illegality in the carrying on, conducting or transaction of business.”

As you note, this isn’t a criminal prosecution, which means it doesn’t come with the protections of a criminal trial (such as requiring a unanimous jury verdict), but the flip side of that is that it doesn’t come with the same sanctions etc. of a criminal trial; the State can only get an injunction ordering the person to stop their illegal activity, or damages/restitution awards.

Fewer protections, but less serious results.

Essentially this lets the state enforce the law in a less serious or imposing way than they would by a full criminal trial (with police, arrests, imprisonment etc.).

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