§ 1-40-308 — Disbursal of unclaimed funds

(a) Any unclaimed funds remaining in an escrow account
after the disbursal period provided by W.S. 1-40-305(a) shall be
forfeited and paid over to the crime victims compensation
account created by W.S. 1-40-114 in accordance with this
section.
(b) If any unclaimed funds remain in an escrow account
after the disbursal period provided by W.S. 1-40-305(a), the
division shall seek an order in district court to show cause why
the funds should not be forfeited. Notice to the defendant and
proceedings on the order to show cause shall be according to the
Wyoming Rules of Civil Procedure, provided notice by publication
shall be once each week for two (2) consecutive weeks. The
trial of the issues shall be by the court.
(c) On final hearing the order to show cause shall be
taken as prima facie evidence that the funds constitute profits
from the crime and is sufficient for a judgment of forfeiture in
the absence of other proof.
(d) In disputed cases the burden shall be upon the
division to show that there is a reasonable basis for believing
that the funds constitute profits from the crime.
(e) The proceedings and judgment of forfeiture shall be in
rem and shall be primarily against the property itself.
(f) Upon the entry of a judgment of forfeiture the court
shall order the funds paid over to the crime victims
compensation account created by W.S. 1-40-114.