New York State Department of Law Special Investigation Files 11185

New York State Department of Law Special Investigation Files

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Overview of the Records

Repository:

New York State Archives
New York State Education Department
Cultural Education Center
Albany, NY 12230

Summary:

This series documents the Attorney General's investigation into the State Bank of Binghamton and financial affairs of the City of Binghamton, and subsequent prosecutions, convictions, and appeals. Special investigations and prosecutions were conducted by the Attorney General's Office upon orders of the Governor, which superseded investigations conducted by local officials.

Creator:

New York (State). Department of Law

Title:

Department of Law special investigation files

Quantity:

7 cubic feet

Inclusive Dates:

1912-1933

Bulk Dates:

1931-1933

Series Number:

11185

Administrative History

The attorney general's investigation of the management and affairs of the State Bank of Binghamton and resulting prosecutions were required by orders of Governor Franklin D. Roosevelt dated June 8 and October 22, 1931. The investigation into the financial affairs of the City of Binghamton and alleged unlawful acts of the former City Comptroller was required by orders of Governor Roosevelt dated January 25 and 26, 1932. The statute authorizing the governor's designation of the attorney general or a deputy or assistant as a special prosecutor in those cases was Executive Law section 62 (now section 63.2). The governor also appointed an extraordinary special and trial term of Supreme Court, Broome County, for an inquiry by a grand jury and trial of resulting indictments, and designated a Supreme Court justice from outside Broome County to preside. The State Comptroller's examination of the financial affairs of the City of Binghamton was authorized by provisions of the General Municipal Law Article 3.

Scope and Content Note

Most of the records concern the Attorney General's investigations and resulting prosecutions in the following cases: People vs. Andrew J. Horvatt and others, People vs. Thomas J. Mangan and others, People vs. Joseph Hidek and others, and People vs. Directors of the State Bank of Binghamton. (Horvatt was the bank's president; other defendants were officers and/or directors of the bank.) Records for those interrelated cases include the following categories of documents: evidence (transcripts and photographs), typewritten transcripts of witness examinations during the pre-trial investigations, bank examination reports, stenographer's shorthand notes and typewritten transcripts of grand jury proceedings, numerous sealed and a few unsealed indictments, attorney work product in preparation for trials, and filings with the trial court. The court was an extraordinary special and trial term of the Supreme Court, Broome County, appointed by the governor. For some of the cases there are also printed records and briefs submitted in appeals to the Supreme Court, Appellate Division (Third Department) and the Court of Appeals.

Other documents in the series concern investigations by the Attorney General and the State Comptroller into the financial affairs of the City of Binghamton and alleged unlawful actions of the former City Comptroller, Harry Evens, and employees in his office. Unpublished materials include typewritten transcripts of examinations of witnesses and a State Comptroller's report on the financial condition of the City of Binghamton. Related published materials include annual reports of the City of Binghamton and the City of Binghamton Comptroller's Office.

Other Finding Aids

Available at Repository

11185-16: Container list is available at the repository.

Acquisition Information

11185-16: This accretion includes records from transfer list 690608.

Access Restrictions

Appellate court records and briefs, copies of final court filings, and the State Comptroller's report of examination of the Binghamton City Comptroller's Office are available for research. Disclosure of all other records is prohibited as applicable by Executive Law section 63.2 (attorney general investigative records), Banking Law section 36.10 (bank examination reports), Criminal Procedure Law section 190.25(4) (grand jury materials) and section 240(10)(2) (attorney work product), Civil Practice Law and Rules section 3102(d)(2) (materials prepared for trial), and other statutes.