§ 12.1-06.1-06 — Racketeering lien - Content - Filing - Notice - Effect

North Dakota § 12.1-06.1-06

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-06.1: Racketeer Influenced and Corrupt Organizations

Text

1. The state, upon filing a civil action under section 12.1-06.1-05 or upon charging an
offense included in the definition of racketeering if the offense is committed as a part of
a pattern of racketeering activity or a violation of section 12.1-06.1-02 or 12.1-06.1-03,
may file a racketeering lien. A filing fee or other charge is not required for filing a
racketeering lien.
2. A racketeering lien shall be signed by the attorney general or the state's attorney
representing the state in the action and set forth the following information:
a. The name of the defendant whose property, interests in property, or other
interests are to be subject to the lien.
b. In the discretion of the attorney general or state's attorney filing the lien, any
aliases or fictitious names of the defendant named in the lien.
c. If known to the attorney general or state's attorney filing the lien, the present
residence or principal place of business of the person named in the lien.
d. A reference to the proceeding pursuant to which the lien is filed, including the
name of the court, the title of the action, and the court's file number for the
proceeding.
e. The name and address of the attorney representing the state in the proceeding
pursuant to which the lien is filed.
f. A statement that the notice is being filed pursuant to this section.
g. The amount which the state claims in the action or, with respect to property or
other interests which the state has requested forfeiture to the state or county, a
description of the property or interests sought to be paid or forfeited.
h. If known to the attorney general or state's attorney filing the lien, a description of
property which is subject to forfeiture to the state or property in which the
defendant has an interest which is available to satisfy a judgment entered in favor
of the state.
i. Such other information as the attorney general or state's attorney filing the lien
deems appropriate.

3. The attorney general or the state's attorney filing the lien may amend a lien filed under
this section at any time by filing an amended racketeering lien in accordance with this
section which identifies the prior lien amended.
4. The attorney general or the state's attorney filing the lien shall, as soon as practical
after filing a racketeering lien, furnish to any person named in the lien a notice of the
filing of the lien. Failure to furnish notice under this subsection does not invalidate or
otherwise affect a racketeering lien filed in accordance with this section.
5. A racketeering lien is perfected against interests in personal property by filing the lien
with the secretary of state, except that in the case of titled motor vehicles it shall be
filed with the director of the department of transportation. A racketeering lien is
perfected against interests in real property by filing the lien with the county recorder of
the county in which the real property is located. The state may give additional notice of
the lien.
6. The filing of a racketeering lien in accordance with this section creates a lien in favor of
the state in:
a. Any interest of the defendant in real property situated in the county in which the
lien is filed, then maintained or later acquired in the name of the defendant
identified in the lien.
b. Any interest of the defendant in personal property situated in this state, then
maintained or later acquired in the name of the defendant identified in the lien.
c. Any property identified in the lien to the extent of the defendant's interest in the
property.
7. The filing of a racketeering lien under this section is notice to all persons dealing with
the person or property identified in the lien of the state's claim. The lien created in
favor of the state in accordance with this section is superior and prior to the claims or
interests of any other person, except a person possessing:
a. A valid lien perfected prior to the filing of the racketeering lien.
b. In the case of real property, an interest acquired and recorded prior to the filing of
the racketeering lien.
c. In the case of personal property, an interest acquired prior to the filing of the
racketeering lien.
8. Upon entry of judgment in favor of the state, the state may proceed to execute the
judgment as in the case of any other judgment, except that in order to preserve the
state's lien priority as provided in this section the state shall, in addition to notice as
required by law, give at least thirty days' notice of execution to any person possessing
at the time notice is given, an interest recorded after the date the state's lien was
perfected.
9. Upon the entry of a final judgment in favor of the state providing for forfeiture of
property to the state, the title of the state to the property:
a. In the case of real property, or a beneficial interest in real property, relates back to
the date of filing the racketeering lien with the county recorder of the county
where the real property is located, or if no racketeering lien is filed, then to the
date of recording of the final judgment with the county recorder of the county
where the real property is located.
b. In the case of personal property or a beneficial interest in personal property,
relates back to the date the personal property was seized by the state, or the date
of filing of a racketeering lien in accordance with this section, whichever is earlier,
but if the property was not seized and no racketeering lien was filed then to the
date the final judgment was filed with the secretary of state, or in the case of a
titled motor vehicle, with the director of the department of transportation.
10. This section does not limit the right of the state to obtain any order or injunction,
receivership, writ, attachment, garnishment, or other remedy authorized under section
12.1-06.1-05 or available under other applicable law.