§ 480.05 — Felony controlled substance offenses; forfeiture

New York § 480.05

• Jurisdiction: New York
• Law PEN: Penal
• Title X: Organized Crime Control Act
• Part 4: Administrative Provisions
• Art. 480: Criminal Forfeiture - Felony Controlled Substance Offenses

Text

§ 480.05 Felony controlled substance offenses; forfeiture.\n 1. When any person is convicted of a felony offense, the following\nproperty is subject to forfeiture pursuant to this article:\n (a) any property constituting the proceeds or substituted proceeds of\nsuch offense, unless the forfeiture is disproportionate to the\ndefendant's gain from or participation in the offense, in which event\nthe trier of fact may direct forfeiture of a portion thereof; and\n (b) any property constituting an instrumentality of such offense,\nother than a real property instrumentality of a crime, unless such\nforfeiture is disproportionate to the defendant's gain from or\nparticipation in the offense, in which event the trier of fact may\ndirect forfeiture of a portion thereof.\n 2. When any person is convicted of a specified offense, the real\nproperty instrumentality of such specified offense is subject to\nforfeiture pursuant to this article, unless such forfeiture is\ndisproportionate to the defendant's gain from or participation in the\noffense, in which event the trier of fact may direct forfeiture of a\nportion thereof.\n 3. Property acquired in good faith by an attorney as payment for the\nreasonable and bona fide fees of legal services or reimbursement of\nreasonable and bona fide expenses related to the representation of a\ndefendant in connection with a civil or criminal forfeiture proceeding\nor a related criminal matter, shall be exempt from a judgment of\nforfeiture. For purposes of this subdivision, "bona fide" means that the\nattorney who acquired such property had no reasonable basis to believe\nthat the fee transaction was a fraudulent or sham transaction designed\nto shield property from forfeiture, hide its existence from governmental\ninvestigative agencies, or was conducted for any purpose other than\nlegitimate.\n