Executive Law § 63(12) now reads as follows:
Whenever any person shall engage in repeated fraudulent or illegal
acts or otherwise demonstrate persistent fraud or illegality in the
carrying on, conducting or transaction of business, the attorney
general may apply… for an order enjoining the continuance of such
business activity or of any fraudulent or illegal acts, directing
restitution and damages and, in an appropriate case, cancelling any
certificate filed under and by virtue of the provisions of section four
hundred forty of the former penal law or section one hundred thirty
of the general business law, and the court may award the relief
applied for or so much thereof as it may deem proper. The word
“fraud” or “fraudulent” as used herein shall include any device,
scheme or artifice to defraud and any deception, misrepresentation,
concealment, suppression, false pretense, false promise or
unconscionable contractual provisions. The term “persistent fraud”
or “illegality” as used herein shall include continuance or carrying
on of any fraudulent or illegal act or conduct. The term “repeated”
as used herein shall include repetition of any separate and distinct
fraudulent or illegal act, or conduct which affects more than one
person. Notwithstanding any law to the contrary, all monies
recovered or obtained under this subdivision by a state agency or
state official or employee acting in their official capacity shall be
subject to subdivision eleven of section four of the state finance law