Investigators working under District Attorney Cyrus Vance Jr. in his office’s Major Economic Crimes Bureau are in early-stage discussions to determine if there’s a state case to be brought against Bannon for his actions in the fundraising campaign, according to two people with knowledge of the matter who spoke on the condition of anonymity to discuss the office’s deliberations.

It was not clear whether the U.S. attorney’s office in Manhattan, which is still handling the case against Bannon because it has not yet been formally dismissed, is assisting the state prosecutor’s office in its preliminary investigation. A judicial “sharing order” is required for swapping evidence between the agencies, and it was unclear if one had been obtained…

While talks among investigators in Vance’s office are preliminary, the focus is on whether a state case against Bannon covering the same criminal conduct from his federal case would be an option once a judge formally ­dismisses it. Unlike in Vance’s attempted prosecution of Man­afort, double jeopardy probably would not apply given that Bannon has not been convicted at the federal level.