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Overcriminalization in NY State Law

By: Alexander R. Cohen (Diary)  |  June 19th, 2012 at 08:09 PM  | 

RESIZE: AAA

Last week, I noted the case of a people-search website that was accused of violating the Fair Credit Reporting Act when it hadn’t set out to do credit reporting in the first place.

That was a mere regulatory case with the FTC. But regulatory violations often boil over into criminal cases, and these too can take defendants by surprise. The more crimes there are, the harder it is to be sure you’re not committing one.

Overcriminalization is not just a problem with federal law. In an op-ed published today, James R. Copland of the Manhattan Institute addresses some egregious points of New York law:

In some cases . . .

My blog post continues: http://www.atlassociety.org/brc/blog/2012/06/19/overcriminalization-ny-state-law

Copland’s op-ed: http://www.nypost.com/p/news/opinion/opedcolumnists/ny_prosecutors_have_too_much_power_SeMhQhqw9TSmInggFsDdZO#ixzz1yFC4ZJVm

COMMENTS

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  • Bill S

    Rules here are that you re-post diaries in their entirety. You chose to ignore the warning. Now you won’t be posting anything.

    Folks, RS isn’t an ad board. If you want to advertise your personal blog, you can either follow the re-posting rule or buy an ad.

  • trimulchio

    regulations.

    Why do you need to do what is really an investment disclosure for a condo or co-op (an “offering plan’)? To the degree it is needed at all it should be MUCH more streamlined.

    If you are going to have a state “Stark Law,” that covers different payors and different modalities (Section 238 of teh NYS Public Health Law), why can’yt you at least have the same exceptions and safe harbors?

    The list goes on . . . .