Daviess County - Indiana Criminal Code 2022

400

MISCELLANEOUS LAWS

exceed one hundred dollars ($100). A court may authorize a compensation agree ment between the prosecuting attorney and an attorney retained to bring an action that exceeds the limits described in this subsection if the court finds that the issues presented in the particular for feiture action are unusually complex or time con suming as compared with other forfeiture actions. 34-24-1-9. Adoptive forfeiture and equitable sharing. (a) Upon motion of a prosecuting attorney under IC 35-33-5-5(k), property seized under this chapter must be transferred, subject to the per fected liens or other security interests of any per son in the property, to the appropriate federal authority for disposition under 18 U.S.C.S. 981(e), 19 U.S.C.S. 1616a, or 21 U.S.C.S. 881(e) and any related regulations adopted by the United States Department of Justice. (b) Money received by a law enforcement agency as a result of a forfeiture under 18 U.S.C.S. 981(e), 19 U.S.C.S. 1616a, or 21 U.S.C.S. 881(e) and any related regulations adopted by the United States Department of Justice must be deposited into a nonreverting fund and may be expended only with the approval of: (1) the executive (as defined in IC 36-1-2 5), if the money is received by a local law enforcement agency; or (2) the governor, if the money is received by a law enforcement agency in the exec utive branch. The money received under this subsection must be used solely for the benefit of any agency directly participating in the seizure or forfeiture for pur poses consistent with federal laws and regula tions. CIVIL REMEDIES FOR RACKETEERING ACTIVITY TITLE 34 ARTICLE 24 Chapter 2 34-24-2-1. Action by prosecutor to enjoin violation; burden of proof; orders.

34-24-2-2.

Forfeiture action by prosecutor or inspector general; court order.

34-24-2-3. 34-24-2-4.

Procedures for seeking seizure.

Seizure; procedures following seizure; notice; answer. Recovery by secured party; appraised value. Action by aggrieved person; injunction; civil action; jury trial; action by attorney general, inspector general or prosecutor.

34-24-2-5. 34-24-2-6.

34-24-2-7. 34-24-2-8.

Collateral estoppel.

Retention of attorney by prosecutor or inspector general.

34-24-2-1. Action by prosecutor to enjoin violation; burden of proof; orders. The prosecuting attorney in a county in which the violation occurs may bring an action under this section to enjoin a violation of IC 35-45-6-2 (cor rupt business influence). An action under this section may be brought in any circuit or superior court in a county in which the violation occurs. If the court finds by a preponderance of the evi dence that a violation of IC 35-45-6-2 has occurred, the court may: (1) order a defendant to divest the defen dant of any interest in any enterprise or property; (2) impose reasonable restrictions upon the future activities or investments of a defendant, including prohibiting a defen dant from engaging in the same type of endeavor as the enterprise in which the defendant was engaged in violation of IC 35-45-6-2; (3) order the dissolution or reorganization of any enterprise; (4) order the suspension or revocation of a license, permit, or prior approval granted to any enterprise by any agency of the state; (5) order the forfeiture of the charter of a corporation organized under the laws of Indiana, or the revocation of a certificate authorizing a foreign corporation to con duct business within the state, upon find ing that:

(A) the board of directors or a mana gerial agent acting on behalf of the corporation, in conducting the affairs of