§ 34-24-2-2 — Action for forfeiture of property incident to corrupt business influence

Indiana § 34-24-2-2

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 24: CIVIL PROCEEDINGS RELATED TO CRIMINAL
• Ch. 2: Civil Remedies for Racketeering Activity

Text

(a) The prosecuting attorney in a county in
which any of the property is located may bring an action for the
forfeiture of any property:
(1) used in the course of;
(2) intended for use in the course of;
(3) derived from; or
(4) realized through;
conduct in violation of IC 35-45-6-2.
(b) The inspector general may bring an action for forfeiture in
accordance with IC 4-2-7-6 in a county where property that is:
(1) derived from; or
(2) realized through;
misfeasance, malfeasance, nonfeasance, misappropriation, fraud, or
other misconduct that has resulted in a financial loss to the state is
located.
(c) An action for forfeiture may be brought in any circuit or superior
court in a county in which any of the property is located.
(d) Upon a showing by a preponderance of the evidence that:
(1) property described in subsection (a) was used in the course of,
intended for use in the course of, derived from, or realized
through conduct in violation of IC 35-45-6-2; or
(2) property described in subsection (b) was derived from or
realized through conduct described in subsection (b);
the court shall, subject to the right, title, or interest of record of any
other party in the property determined under section 4 of this chapter,
order the property forfeited to the state and specify the manner of
disposition of the property, including the manner of disposition if the
property is not transferable for value.
(e) The court shall order forfeitures and dispositions under this
section:
(1) with due provision for the rights of innocent persons; and
(2) as provided under section 4 of this chapter.
[Pre-1998 Recodification Citation: 34-4-30.5-3(a).]

Legislative History

As added by P.L.1-1998, SEC.19. Amended by P.L.222-2005, SEC.40.