Attorney General Becerra Signs Amicus Brief Supporting the Right of Attorneys General to Issue Subpoenas in Fraud Investigations

SACRAMENTO – California Attorney General Xavier Becerra has joined a 20-state amicus brief to the U.S. Court of Appeals in Exxon v. Healey, supporting Massachusetts Attorney General Maura Healey and New York Attorney General Barbara Underwood’s right to subpoena in fraud investigations.

“The power to issue subpoenas is an indispensable tool to state prosecutors in investigations of potential fraud,” said Attorney General Becerra. “I am proud to stand with my fellow state attorneys general in support of their right to see this investigation through.”  

In filing this amicus brief in the Second Circuit Court of Appeals, Attorney General Becerra stands up for the right of state attorneys general to issue subpoenas as part of their investigations.

In the brief, the state coalition argues:

• The First Amendment should not be misconstrued as a shield for fraudulent speech or state fraud investigations;
• The First Amendment does not restrict the states’ power to investigate fraud; and
• Limiting states’ authority would restrict securities regulation.

The brief can be viewed here.