§712A-14 - Supplemental remedies.
[§712A-14] Supplemental remedies.
(1) The court shall order the forfeiture of any other property of an in
personam civil or criminal defendant up to the value of the subject property if
any of the property subject to forfeiture:
(a) Cannot be located;
(b) Has been transferred or conveyed to, sold to, or
deposited with a third party;
(c) Has been placed beyond the jurisdiction of the
court;
(d) Has been substantially diminished in value by any
act or omission of a defendant, or a defendant's agent or assignee; or
(e) Has been commingled with other property which
cannot be divided without difficulty.
(2) In addition to any other remedy provided
for by law, if property subject to forfeiture is conveyed, alienated, disposed
of, or otherwise rendered unavailable for forfeiture after the filing of a
racketeering lien notice or provision of notice of pending forfeiture or after
the filing and notice of a civil proceeding or criminal proceeding alleging
forfeiture under this chapter, whichever is earlier, the State or seizing
agency, on behalf of the State, may institute an action in circuit court
against the person named in the racketeering lien or notice of pending
forfeiture or the defendant in the civil proceeding or criminal proceeding, and
the court shall enter final judgment against the person named in the
racketeering lien or notice of pending forfeiture or the defendant in the civil
proceeding or criminal proceeding in an amount equal to the fair market value
of the property, together with reasonable investigative expenses and attorney
fees. If a civil proceeding is pending, such action shall be filed only in the
court where the civil proceeding is pending.
(3) 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 this chapter or appropriate to
protect the interests of the State or available under other applicable law. [L
1988, c 260, pt of §1]