§ 22:1931.12 — Asset forfeiture

Louisiana § 22:1931.12

• Jurisdiction: Louisiana
• Title 22: Insurance

Text

NOTE: Pursuant to R.S. 22:1931.13, this Section terminates on July 1, 2024.
§1931.12. Asset forfeiture
A. In accordance with the provisions of Subsection B of this Section, the court may
order the forfeiture of property to satisfy recovery pursuant to this Part under either of the
following circumstances:
(1) The court may order a person from whom recovery is due to forfeit property
which constitutes or was derived directly or indirectly from gross proceeds traceable to the
violation which forms the basis for the recovery.
(2) If the attorney general shows that property was transferred to a third party to
avoid paying recovery, or in an attempt to protect the property from forfeiture, the court may
order the third party to forfeit the transferred property.
B. Prior to the forfeiture of property, a contradictory hearing shall be held during
which the attorney general shall prove by clear and convincing evidence that the property in
question is subject to forfeiture pursuant to Subsection A of this Section. No such
contradictory hearing shall be required if the owner of the property in question agrees to the
forfeiture.
C. If property is transferred to another person within six months prior to the
occurrence or after the occurrence of the violation for which recovery is due or within six
months prior to or after the institution of a criminal, civil, or departmental investigation or
proceeding, it shall be prima facie evidence that the transfer was intended to avoid paying
recovery or was an attempt to protect the property from forfeiture.
D. The healthcare provider or other person from whom recovery is due shall have
an affirmative duty to fully disclose all property and liabilities and all transfers of property
which meet the criteria of Subsection C of this Section to the court and the attorney general.

Legislative History

Acts 2012, No. 862, §1.