1. The department may prosecute every person charged with a criminal offense in violation of this article and regulations issued thereunder. In all such proceedings, the department may appear before any court of record or any grand jury and perform all the duties in respect of such actions or proceedings which the district attorney would otherwise be authorized or required to exercise or perform; or the department may in its discretion transmit evidence, proof and information as to such offense to the district attorney of the county or counties in which the alleged violation has occurred, and every district attorney to whom such evidence, proof and information is so transmitted may proceed to investigate and prosecute any person charged with such violation. In any such proceeding wherein the department has appeared, the district attorney shall only exercise such powers and perform such duties as are required of him by the department. 2. Upon a showing by the department that a fraudulent practice as defined by this article has occurred, the department may include in an action under this article an application to direct restitution of any a showing by the department that a fraudulent practice as defined by this article has occurred, the department may include in an action under this article an application to direct restitution of any moneys or property obtained directly or indirectly by any such fraudulent practice.
New York Legal Code