Newly Appointed Chief of New York’s Investor Protection Bureau Describes Its Enforcement of the Martin Act and How Managers Can Avoid Prosecution

Attorney General Eric T. Schneiderman recently announced the appointment of Katherine C. Milgram as the new Chief of the New York Attorney General’s Investor Protection Bureau (Bureau), part of the Division of Economic Justice. Prior to this appointment, Milgram initially served as Assistant Attorney General, and later as Deputy Chief, of the Bureau. Milgram’s primary responsibility in her new capacity will be to enforce New York’s securities law under the Martin Act. She recently spoke with the Hedge Fund Law Report about the investigative efforts of the Bureau, the type of fund manager behavior it targets and its objectives in pursuing certain types of rewards under the Martin Act. For more on the Martin Act in the hedge fund context, see “New York Court of Appeals Holds That the Martin Act, New York’s ‘Blue Sky’ Law, Does Not Preempt Common Law Claims for Breach of Fiduciary Duty and Gross Negligence” (Jan. 12, 2012); “First Department Decision May Give Aggrieved Hedge Fund Investors an Unexpected and Powerful Avenue of Redress” (Mar. 11, 2011); and “New York Supreme Court Rules That Aris Multi-Strategy Funds’ Suit Against Hedge Funds for Fraud May Proceed, but Negligence Claims Are Preempted Under Martin Act” (Dec. 23, 2009).

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