§ 20-77-909 — Injunctions against fraud

(a) (1) Whenever it appears that any person is engaged in or intends to engage in the transfer, conversion, or destruction of assets, records, or property in an effort to avoid detection of violations of this subchapter or avoid paying restitution, fines, and civil penalties owed under this subchapter or the Medicaid Fraud Act, § 5-55-101 et seq., the Attorney General may apply to the Pulaski County Circuit Court, or to the court in which the records or property are located, to seize and impound the property. (2) The application for an ex parte order shall be in writing, furnish a reasonable basis for the granting of the proposed order, and demonstrate that an emergency exists that would support the granting of the motion. (b) (1) If the order is granted, the respondent shall be notified of the order seizing and impounding his or her property immediately after the seizure, or as soon as is reasonably practicable. If, after diligent inquiry, the respondent cannot be located, notice under this subsection may be accomplished by leaving a copy of the order at his or her dwelling house or usual place of abode with some person residing therein who is at least eighteen (18) years of age, or by delivering a copy of the order to a representative at the respondent's place of business who is at least eighteen (18) years of age. (2) If the order is granted, the respondent shall be granted a hearing no later than five (5) days after being notified of the property's seizure for the purpose of determining whether the order should be continued. (3) (A) If the court finds the assets or funds can be preserved without physical seizure, the court may order a constructive seizure by entering an order directing the defendant or third-party financial institution to freeze or forgo further transfer of the assets or funds. (B) The court may fashion the constructive seizure in any manner reasonably necessary to protect and preserve the assets or funds pending the resolution of related civil and criminal cases. (c) The burden at all stages of the proceeding shall be upon the state to prove by a preponderance of the evidence the necessity of the order of seizure.

Legislative History

Amended by Act 2019, No. 916,§ 12, eff. 7/24/2019. Acts 1993, No. 1299, § 10; 1995, No. 984, § 1.