Statute of Limitations

• Causes of action under New York's Martin Act have a statute of limitations of six years. The statute of limitations would start running upon discovery or ability to discover the fraud with reasonable diligence. Disclosure and related proceedings would move forward during pendency of a motion to dismiss claims, according to Sidley Austin LLP.
  
  

Conspiracy

• The statutes of limitations for Martin Act causes of action can be extended past six years if there was a conspiracy. Conspiracy is a secret agreement between two or more people to carry out an act that would amount to a federal crime or offense.
  
  

Pension Fund Investors

• In the wake of the Goldman Sachs scandal many New York union leaders pushed to change the Martin Act to include a method of recovery for pension investors who have incurred losses due to commodities fraud. The statutes of limitations may ultimately be lessened from six to three years for pension investors, according to The Capitol.