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New York’s Highest Court Limits Martin Act’s Statute of Limitations to 3 Years

The New York State Court of Appeals has ruled that the NYS Attorney General must institute cases under the Martin Act within a three-year statute of limitations period.  The court reasoned that the Martin Act, a broad securities fraud statute, expands liability beyond common law fraud and does not permit private rights of action.  Consequently, the shorter 3-year statute of limitations applies, rather than the default 6-year period requested by the Attorney General.  The case involved Martin Act fraud allegations against the sponsor of residential mortgage-backed securities.

OUR TAKE: This decision follows recent Supreme Court cases limiting statutes of limitations in government enforcement proceedings.  The case also materially constrains the use of the (over) broad Martin Act.