Ohio § 2923.34

§ 2923.34.

(A) Any person who is injured or threatened with injury by a violation of section 2923.32 of the Revised Code may institute a civil proceeding in an appropriate court seeking relief from any

person whose conduct violated or allegedly violated section 2923.32 of the Revised Code or who conspired or allegedly conspired to violate that section, except that the

pattern of corrupt activity alleged by an injured person or person threatened with

injury shall include at least one incident other than a violation of division (A)(1)

or (2) of section 1707.042 or division (B), (C)(4) , (D) , (E) , or (F) of section 1707.44 of the Revised Code , of 18 U.S.C. 1341 , 18 U.S.C. 1343 , 18 U.S.C. 2314 , or any other offense involving fraud in the sale of securities. (B) If the plaintiff in a civil action instituted pursuant to this section proves the

violation by a preponderance of the evidence, the court, after making due provision

for the rights of innocent persons, may grant relief by entering any appropriate orders

to ensure that the violation will not continue or be repeated.  The orders may include, but are not limited to, orders that: (1) Require the divestiture of the defendant's interest in any enterprise or in any real

property; (2) Impose reasonable restrictions upon the future activities or investments of any defendant

in the action, including, but not limited to, restrictions that prohibit the defendant

from engaging in the same type of endeavor as the enterprise in which the defendant

was engaged in violation of section 2923.32 of the Revised Code ; (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 department or agency of the state; (5) Order the dissolution of a corporation organized under the laws of this state, or

the revocation of the authorization of a foreign corporation to conduct business within

this state, upon a finding that the board of directors or an agent acting on behalf

of the corporation, in conducting the affairs of the corporation, has authorized or

engaged in conduct in violation of section 2923.32 of the Revised Code , and that, for the prevention of future criminal conduct, the public interest requires

the corporation to be dissolved or its license revoked. (C) Relief pursuant to division (B)(3), (4), or (5) of this section shall not be granted

in any civil proceeding instituted by an injured person unless the attorney general

intervenes in the civil action pursuant to this division. Upon the filing of a civil proceeding for relief under division (B)(3), (4), or (5)

of this section by an allegedly injured person other than a prosecuting attorney,

the allegedly injured person immediately shall notify the attorney general of the

filing.  The attorney general, upon timely application, may intervene in any civil proceeding

for relief under division (B)(3), (4), or (5) if the attorney general certifies that,

in the attorney general's opinion, the proceeding is of general public interest.  In any proceeding brought by an injured person under division (B)(3), (4), or (5)

of this section, the attorney general is entitled to the same relief as if the attorney

general instituted the proceeding. (D) In a civil proceeding under division (B) of this section, the court may grant injunctive

relief without a showing of special or irreparable injury. Pending final determination of a civil proceeding initiated under this section, the

court may issue a temporary restraining order or a preliminary injunction upon a showing

of immediate danger or significant injury to the plaintiff, including the possibility

that any judgment for money damages might be difficult to execute, and, in a proceeding

initiated by an aggrieved person, upon the execution of proper bond against injury

for an improvidently granted injunction. (E) In a civil proceeding under division (A) of this section, any person directly or

indirectly injured by conduct in violation of section 2923.32 of the Revised Code or a conspiracy to violate that section, other than a violator of that section or

a conspirator to violate that section, in addition to relief under division (B) of

this section, shall have a cause of action for triple the actual damages the person

sustained.  To recover triple damages, the plaintiff shall prove the violation or conspiracy

to violate that section and actual damages by clear and convincing evidence.  Damages under this division may include, but are not limited to, competitive injury

and injury distinct from the injury inflicted by corrupt activity. (F) In a civil action in which the plaintiff prevails under division (B) or (E) of this

section, the plaintiff shall recover reasonable attorney fees in the trial and appellate

courts, and the court shall order the defendant to pay to the state, municipal, or

county law enforcement agencies that handled the investigation and litigation the

costs of investigation and litigation that reasonably are incurred and that are not

ordered to be paid pursuant to division (B)(2) of section 2923.32 of the Revised Code or division (H) of this section. (G) Upon application, based on the evidence presented in the case by the plaintiff, as

the interests of justice may require, the trial court may grant a defendant who prevails

in a civil action brought pursuant to this section all or part of the defendant's

costs, including the costs of investigation and litigation reasonably incurred, and

all or part of the defendant's reasonable attorney fees, unless the court finds that

special circumstances, including the relative economic position of the parties, make

an award unjust. (H) If a person, other than an individual, is not convicted of a violation of section 2923.32 of the Revised Code , the prosecuting attorney may institute proceedings against the person to recover

a civil penalty for conduct that the prosecuting attorney proves by clear and convincing

evidence is in violation of section 2923.32 of the Revised Code .  The civil penalty shall not exceed one hundred thousand dollars and shall be paid

into the state treasury to the credit of the corrupt activity investigation and prosecution

fund created in section 2923.32 of the Revised Code .  If a civil penalty is ordered pursuant to this division, the court shall order the

defendant to pay to the state, municipal, or county law enforcement agencies that

handled the investigation and litigation the costs of investigation and litigation

that are reasonably incurred and that are not ordered to be paid pursuant to this

section. (I) A final judgment, decree, or delinquency adjudication rendered against the defendant

or the adjudicated delinquent child in a civil action under this section or in a criminal

or delinquency action or proceeding for a violation of section 2923.32 of the Revised Code shall estop the defendant or the adjudicated delinquent child in any subsequent civil

proceeding or action brought by any person as to all matters as to which the judgment,

decree, or adjudication would be an estoppel as between the parties to the civil,

criminal, or delinquency proceeding or action. (J) Notwithstanding any other provision of law providing a shorter period of limitations,

a civil proceeding or action under this section may be commenced at any time within

five years after the unlawful conduct terminates or the cause of action accrues or

within any longer statutory period of limitations that may be applicable.  If a criminal proceeding, delinquency proceeding, civil action, or other proceeding

is brought or intervened in by the state to punish, prevent, or restrain any activity

that is unlawful under section 2923.32 of the Revised Code , the running of the period of limitations prescribed by this division with respect

to any civil action brought under this section by a person who is injured by a violation

or threatened violation of section 2923.32 of the Revised Code , based in whole or in part upon any matter complained of in the state prosecution,

action, or proceeding, shall be suspended during the pendency of the state prosecution,

action, or proceeding and for two years following its termination. (K) Personal service of any process in a proceeding under this section may be made upon

any person outside this state if the person was involved in any conduct constituting

a violation of section 2923.32 of the Revised Code in this state.  The person is deemed by the person's conduct in violation of section 2923.32 of the Revised Code to have submitted to the jurisdiction of the courts of this state for the purposes

of this section. (L) The application of any civil remedy under this section shall not preclude the application

of any criminal remedy or criminal forfeiture under section 2923.32 of the Revised Code or any other provision of law, or the application of any delinquency disposition

under Chapter 2152. of the Revised Code or any other provision of law. (M)(1) Any person who prevails in a civil action pursuant to this section has a right to

any property, or the proceeds of any property, criminally forfeited to the state pursuant

to section 2981.04 of the Revised Code or against which any fine under section 2923.32 of the Revised Code or civil penalty under division (H) of this section may be imposed. The right of any person who prevails in a civil action pursuant to this section, other

than a prosecuting attorney performing official duties under that section, to forfeited

property, property against which fines and civil penalties may be imposed, and the

proceeds of that property is superior to any right of the state, a municipal corporation,

or a county to the property or the proceeds of the property, if the civil action is

brought within one hundred eighty days after the entry of a sentence of forfeiture

or a fine pursuant to sections 2923.32 and 2981.04 of the Revised Code or the entry of a civil penalty pursuant to division (H) of this section. The right is limited to the total value of the treble damages, civil penalties, attorney's

fees, and costs awarded to the prevailing party in an action pursuant to this section,

less any restitution received by the person. (2) If the aggregate amount of claims of persons who have prevailed in a civil action

pursuant to this section against any one defendant is greater than the total value

of the treble fines, civil penalties, and forfeited property paid by the person against

whom the actions were brought, all of the persons who brought their actions within

one hundred eighty days after the entry of a sentence or disposition of forfeiture

or a fine pursuant to section 2923.32 of the Revised Code or the entry of a civil penalty pursuant to division (H) of this section, first shall

receive a pro rata share of the total amount of the fines, civil penalties, and forfeited

property.  After the persons who brought their actions within the specified one-hundred-eighty-day

period have satisfied their claims out of the fines, civil penalties, and forfeited

property, all other persons who prevailed in civil actions pursuant to this section

shall receive a pro rata share of the total amount of the fines, civil penalties,

and forfeited property that remains in the custody of the law enforcement agency or

in the corrupt activity investigation and prosecution fund. (N) As used in this section, “ law enforcement agency ” includes, but is not limited to, the state board of pharmacy.