State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_75D > GS_75D-8

§75D‑8.  Available RICO civil remedies.

(a)        As part of a finaljudgment of forfeiture, any judge of the superior court may, after givingreasonable notice to potential innocent claimants, enjoin violations of G.S.75D‑4, by issuing appropriate orders and judgments:

(1)        Ordering anydefendant to divest himself of any interest in any enterprise, real property,or personal property including property held by the entirety. Where property isheld by the entirety and one of the spouses is an innocent person as defined inG.S. 75D‑5(i), upon entry of a final judgment of forfeiture of entiretyproperty, the judgment operates, to convert the entirety to a tenancy incommon, and only the one‑half undivided interest of the offending spouseshall be forfeited according to the provisions of this Chapter;

(2)        Imposing reasonablerestrictions upon the future activities or investments of any defendant in thesame or similar type of endeavor as the enterprise in which he was engaged inviolation of G.S. 75D‑4;

(3)        Ordering thedissolution or reorganization of any enterprise;

(4)        Ordering thesuspension or revocation of any license, permit, or prior approval granted toany enterprise by any agency of the State;

(5)        Ordering theforfeiture of the charter of a corporation organized under the laws of thisState or the revocation of a certificate authorizing a foreign corporation toconduct business within this State upon a finding that the board of directorsor a managerial agent acting on behalf of the corporation, in conducting affairsof the corporation, has authorized or engaged in conduct in violation of G.S.75D‑4, and that, for the prevention of future unlawful activity, thepublic interest requires that the charter of the corporation be dissolved orthe certificate be revoked;

(6)        Appointment of areceiver pursuant to the provisions of Article 38 of Chapter 1 of the GeneralStatutes of North Carolina, to collect, conserve and dispose of all theproceeds, money, profits and property, both real and personal, subject to theprovisions of this Chapter in accordance with the provisions hereof as directedby the final judgment of the superior court having jurisdiction over theparties or subject matter of the action; or

(7)        Any other equitableremedy appropriate to effect complete forfeiture of property subject toforfeiture, or to prevent future violations of this Chapter.

(b)        The State throughthe Attorney General may institute a proceeding under G.S. 75D‑5. In suchproceeding, relief shall be granted in conformity with the principles thatgovern the granting of injunctive relief from threatened loss or damage inother civil cases, provided that no showing of special or irreparable damage tothe person shall have to be made and provided further that the State shall notbe required to execute any bond before or after obtaining temporary restrainingorders or preliminary injunctions.

(c)        Any innocent personwho is injured or damaged in his business or property by reason of anyviolation of G.S. 75D‑4 involving a pattern of racketeering activityshall have a cause of action for three times the actual damages sustained andreasonable attorneys fees. For purposes of this subsection, "pattern ofracketeering activity" shall require that at least one act of racketeeringactivity be an act of racketeering activity other than (i) an act indictableunder 18 U.S.C. § 1341 or U.S.C. § 1343, or (ii) an act which is an offenseinvolving fraud in the sale of securities. Any person filing a private actionunder this subsection must concurrently notify the Attorney General in writingof the commencement of the action. Thereafter, the Attorney General may file amotion for a protective order in the court where the private action is pendingand shall be granted a stay of the private action for a reasonable time if thecourt finds either:

(1)        The bringing of aprivate action is likely to materially interfere with or impair a publicforfeiture action; or

(2)        The public interestis so great as to require the Attorney General to investigate and bring aforfeiture action.

(d)        Any injuredinnocent person shall have a right or claim to forfeited property or to theproceeds derived therefrom superior to any right or claim the State has in thesame property or proceeds. To enforce such a claim the injured innocent personmust intervene in the forfeiture proceeding prior to its final disposition.

(e)        A final convictionin any criminal proceeding for a violation of those laws set forth in G.S. 75D‑3(c),shall estop the defendant in any subsequent civil action or proceeding underthis Chapter as to all matters proved in the criminal proceeding.

(f)         A defendant in anaction commenced by the State pursuant to this Chapter whose convictions of twoor more criminal offenses of those criminal statutes as set forth in G.S. 75D‑3(c)have become final, which offenses have occurred within a four‑year periodof each other as set forth in G.S. 75D‑3(b) shall be deemed to have, perse violated the provisions of G.S. 75D‑4(a)(1) or (2) as of the date ofthe second conviction.

(g)        Any party isentitled to a jury trial in any action brought under this Chapter. (1985(Reg. Sess., 1986), c. 999, s. 1; 1989, c. 489, s. l.)