The remedies provided for in the Fraud Against Taxpayers Act [44-9-1 NMSA 1978]
are not exclusive and shall be in addition to any other remedies provided for in any
other law or available under common law.
History: Laws 2007, ch. 40, § 14.
ANNOTATIONS
Effective dates. — Laws 2007, ch. 40, § 16 makes the act effective July 1, 2007.
Severability. — Laws 2007, ch. 40, § 15 provides for the severability of the Fraud
Against Taxpayers Act if any part or application thereof is held invalid.
Notes of Decisions
Hill v. Vanderbilt Capital Advisors, LLC, 834 F. Supp. 2d 1228 (D.N.M. 2011).
“The FATA also contains the following non-exclusivity clause: “The remedies provided for in the Fraud Against Taxpayers Act are not exclusive and shall be in addition to any other remedies provided for in any other law or available under common law.”
State of N.M., ex rel Foy v. Austin Capital Mgmt., Ltd., 2013 NMCA 43 (N.M. Ct. App. 2012).
· cites it 2× “” Section 44-9-14. As Plaintiff admits, FATA prohibits the same actions that give rise to not only the torts of fraud and reckless misrepresentation but also criminal penalties, such as criminal fraud, NMSA 1978, § 30-16-6 (2006), and securities fraud, NMSA 1978, § 58-13C-508…”
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