1. (a) In addition to any liability for damages or a civil penalty imposed pursuant to sections three hundred forty-nine, three hundred fifty-c and three hundred fifty-d of this chapter, regarding deceptive practices and false advertising, and subdivision twelve of section sixty-three of the executive law, regarding proceedings by the attorney general for equitable relief against fraudulent or illegal consumer fraud, a person or entity who engages in any conduct prohibited by said provisions of law, and whose conduct is perpetrated against one or more persons seeking or using immigrant assistance services, may be liable for an additional civil penalty not to exceed ten thousand dollars, in accordance with paragraph (b) of this subdivision.

Terms Used In N.Y. General Business Law 460-K

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fraud: Intentional deception resulting in injury to another.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

(b) In determining whether to impose a supplemental civil penalty pursuant to paragraph (a) of this subdivision, and the amount of any such penalty, the court shall consider, in addition to other appropriate factors, the extent to which the following factors are present:

(1) Whether the defendant knew that his or her conduct was directed to one or more persons seeking or using immigrant assistance services or whether the defendant knowingly acted with disregard for the rights of a person seeking or using immigrant assistance services;

(2) Whether the defendant’s conduct: (i) caused a person seeking or using immigrant assistance services to suffer loss or encumbrance of a primary residence, loss of employment or source of income, substantial loss of property or assets essential to the health or welfare of the person seeking or using immigrant assistance services; or (ii) whether one or more persons seeking or using immigrant assistance services were substantially more vulnerable to the defendant’s conduct because of impaired understanding, or any other perceived disadvantage, and actually suffered physical or economic damage resulting from the defendant’s conduct.

2. Restitution ordered pursuant to the provisions of law listed in subdivision one of this section or pursuant to any other section of law shall be given priority over the imposition of civil penalties ordered by the court under this section.