§ 34-24-2-6 — Action of aggrieved person for injunctive relief and damages from corrupt business influence; jury trial; right to forfeited property; state as aggrieved person

Indiana § 34-24-2-6

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

Text

(a) An aggrieved person may, in addition to
proceeding under section 4 of this chapter, bring an action for
injunctive relief from corrupt business influence in a circuit or superior
court in the county of the aggrieved person's residence, or in a county
where any of the affected property or the affected enterprise is located.
If the court finds, through a preponderance of the evidence, that the
aggrieved person is suffering from corrupt business influence, the court
shall make an appropriate order for injunctive relief. This order must
be made in accordance with the principles that govern the granting of
injunctive relief from threatened loss or damage in other civil cases,
except that a showing of special or irreparable damage to the aggrieved
person is not required. The court may order injunctive relief only after
the execution of a bond by the aggrieved person for an injunction
improvidently granted, in an amount established by the court. In
addition, the court may order a temporary restraining order or a
preliminary injunction, but only after a showing of immediate danger
of significant loss or damage to the aggrieved person.
(b) An aggrieved person may bring an action against a person who
has violated IC 35-45-6-2 in a circuit or superior court in the county of
the aggrieved person's residence, or in a county where any of the
affected property or the affected enterprise is located, for damages
suffered as a result of corrupt business influence. Upon a showing by
a preponderance of the evidence that the aggrieved person has been
damaged by corrupt business influence, the court shall order the person
causing the damage through a violation of IC 35-45-6-2 to pay to the
aggrieved person:
(1) an amount equal to three (3) times the person's actual
damages;
(2) the costs of the action;
(3) a reasonable attorney's fee; and
(4) any punitive damages awarded by the court and allowable
under law.
(c) The defendant and the aggrieved person are entitled to a trial by
jury in an action brought under this section (or IC 34-4-30.5-5 before
its repeal).
(d) In addition to any rights provided under section 4 of this chapter,
an aggrieved person has a right or claim to forfeited property or to the
proceeds derived from forfeited property superior to any right or claim
the state has in the same property or proceeds.
(e) If the state is an aggrieved person, the attorney general and the
inspector general have concurrent jurisdiction with the prosecuting
attorney to bring an action under this section.
[Pre-1998 Recodification Citation: 34-4-30.5-5.]

Legislative History

As added by P.L.1-1998, SEC.19. Amended by P.L.222-2005, SEC.44.