Previous prosecution: presidential reprieve, pardon or other form of clemency

§ 40.51 Previous prosecution: presidential reprieve, pardon or other\n form of clemency.\n When a person has been granted a reprieve, pardon or other form of\nclemency for an offense pursuant to the authority granted in section two\nof article two of the United States constitution, a separate or\nsubsequent prosecution of an offense is not barred under this article\nwhen the people demonstrate, by clear and convincing evidence, that:\n 1. (a) such person served in or was employed by the executive branch\nof the government of the United States on the executive staff of the\npresident, in the executive office of the president, or in an acting or\nconfirmed capacity in a position subject to confirmation by the United\nStates senate, at a time when the president granting such reprieve,\npardon or other form of clemency served as president or vice-president\nof the United States; or (b) such person was directly or indirectly\nemployed by, or acted as an agent of, the election, transition or\nre-election campaign of the president granting such reprieve, pardon or\nother form of clemency or any for-profit or not-for-profit entity owned\nor controlled by the president granting such reprieve, pardon or other\nform of clemency; or\n 2. such person was, at the time the president granted such reprieve,\npardon or other form of clemency, related by consanguinity or affinity\nwithin the sixth degree to the president granting such reprieve, pardon\nor other form of clemency; or\n 3. such person bears accessorial liability, as defined in section\n20.00 of the penal law, or conspiratorial liability, within the meaning\nof article one hundred five of the penal law, for such offense with one\nor more persons described in subdivision one or two of this section; or\n 4. the president who granted such reprieve, pardon or other form of\nclemency to such person (a) was thereby aided in avoiding potential\nprosecution or conviction; (b) knowingly obtained a benefit from such\noffense; or (c) knowingly obtained a tangible, material benefit from or\non behalf of such person; or\n 5. such person possessed or possesses information material to the\ndetermination of any criminal or civil investigation, enforcement action\nor prosecution of the president granting such reprieve, pardon or other\nform of clemency, or of one or more persons described in subdivision\none, two or three of this section.\n