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New York District Attorney Cyrus R. Vance Jr., Oct. 18, 2011. REUTERS Mike Segar

Vance takes helm of NYS district attorneys association

7/22/2012 COMMENTS (0)

NEW YORK, July 20 (Reuters) - Manhattan District Attorney Cyrus Vance was installed as president of the District Attorneys Association of the State of New York on Saturday, vowing to press for enhanced penalties for gang activity, a national expansion of DNA data collection and improvements in New York's financial crime statutes.

Vance, who will seek a second four-year term as Manhattan district attorney in 2013, will remain president of the association for one year. He succeeds Westchester District Attorney Janet DiFiore.

In an interview Friday, Vance outlined his priorities for the group, which is open to all New York district attorneys, the Attorney General, as well as U.S. Attorneys and their staffs.

State statutes covering gang violence -- in particular witness tampering and obstruction -- should be enhanced, Vance said.

"Gang violence is continuing to flourish, not just in Manhattan but downstate and upstate," he said.

Vance said he would seek to close loopholes in the law. For example, state laws regarding witness tampering do not always criminalize attempts to coerce witnesses in the early stages of an investigation, before charges have been filed, Vance said.

In addition, gang assault is only applicable when the crime causes serious physical injury rather than any type of injury, Vance said. That makes it more difficult to prosecute gang initiation rituals, which often involve assaults that do not cause permanent damage, he said.

Vance also said he would work with Governor Andrew Cuomo and federal authorities to advocate for other states to adopt New York's all-crimes DNA databank system, the country's most expansive.

Earlier this year, the legislature approved a bill requiring virtually anyone convicted of a crime to submit a DNA sample to the database, a change Vance had strongly supported.

Finally, Vance said he would ask experts to weigh in on potential improvements to the state's business crimes laws, which he said are outdated, especially as cybercrime grows more prevalent.

"While the federal government has constantly revised its business crime statutes, New York State has not," he said. "I think it's a task that's overdue. We should be evaluating what our business crime laws should look like in 2012, as opposed to 1929."

For instance, the state's Martin Act, which was passed in 1921 and allows the attorney general's office to pursue financial fraud cases without having to prove an intent to defraud, does not distinguish between small-scale securities fraud and complex, multimillion-dollar schemes in terms of punishment, Vance said.

Vance will be succeeded as president by Nassau District Attorney Kathleen Rice next summer. He is running for re-election as DA next year, four years after taking over from the legendary Robert Morgenthau.

(Reporting by Joseph Ax)

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