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Post date: December 6 2016

A.G. Schneiderman Files Motion To Dismiss And Motion To Quash In Northern District Of Texas In Response To Exxon’s Efforts To Interfere With NY AG’S Fraud Investigation

News from Attorney General Eric T. Schneiderman

FOR IMMEDIATE RELEASE
December 6, 2016

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A.G. SCHNEIDERMAN FILES MOTION TO DISMISS AND MOTION TO QUASH IN NORTHERN DISTRICT OF TEXAS IN RESPONSE TO EXXON’S EFFORTS TO INTERFERE WITH NY AG’S FRAUD INVESTIGATION

NYAG’s Motion To Dismiss Outlines Legal Case Against Exxon Lawsuit And Debunks Exxon’s False And Misleading Claims Against NYAG 

A.G.’s Response Comes After NY State Court, In A Separate Proceeding, Recently Ordered Exxon To Comply With NYAG’s Investigative Subpoenas 

Dallas, TX - New York State Attorney General Eric T. Schneiderman filed a Motion to Dismiss (“MTD”) Exxon’s lawsuit against NYAG in the Northern District of Texas on Monday evening. NYAG also filed a Motion to Quash (“MTQ”) Exxon’s related requests for discovery. Exxon sued the NYAG nearly one year after AG Schneiderman launched an investigation into the company for potential violations of New York’s securities, consumer, and business fraud laws.

The NYAG’s Motion to Dismiss debunks numerous false and misleading statements made by Exxon in its lawsuit against NYAG. In doing so, it quotes Exxon’s own attorneys’ acknowledgments of the legitimacy of NYAG’s investigation during a recent appearance in NY Court. “The NY AG has ‘the right to conduct this investigation’” (MTD, p.5 quoting Exxon attorney).

Recently, in a related proceeding, a New York State Court ordered Exxon to comply with two subpoenas issued by NYAG in furtherance of the investigation.

The NYAG’s Motion to Dismiss cites binding legal precedent—including case law from the Fifth Circuit Court of Appeals and United States Supreme Court—to demonstrate why Exxon’s lawsuit should be dismissed.

The NYAG’s Motion to Quash cites similar precedent to demonstrate that permitting discovery of the NYAG by Exxon would undermine the integrity of an ongoing law enforcement investigation, (“As former United State Attorney General Robert Jackson put it: ‘Counsel for a defendant or a prospective defendant, could have no greater help than to know how much or how little information the Government has, and what witnesses or sources of information it can rely upon.’” (MTQ, p.2).

The Motion to Dismiss can be found here.

The Motion to Quash can be found here.