Oklahoma § 22-1405 - Criminal forfeiture procedures

§ 22-1405. Criminal forfeiture procedures

A. Any person convicted of violating any of the provisions of

Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act shall criminally forfeit to the state, according

to the procedures established in subsection B of this section, any

real or personal property used in the course of, intended for use in

the course of, derived from, or realized through conduct in

violation of Section 1403 of the Oklahoma Racketeer-Influenced and

Corrupt Organizations Act, including any property constituting an

interest in or means of control or influence over the enterprise

Oklahoma Statutes - Title 22. Criminal Procedure

involved in the conduct in violation of Section 1403 of the Oklahoma

Racketeer-Influenced and Corrupt Organizations Act, including:

1. Any compensation, right, or benefit derived from a position,

office, appointment, tenure, commission, or employment contract that

accrued to the person during the course of conduct in violation of

Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act;

2. Any interest in, security of, claim against, or property or

contractual right affording the person a source of influence or

control over the affairs of an enterprise that the person exercised

in violation of Section 1403 of the Oklahoma Racketeer-Influenced

and Corrupt Organizations Act; or

3. Any amount payable or paid pursuant to any contract for

goods or services that was awarded or performed in violation of

Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act.

B. The criminal forfeiture procedures are as follows:

1. A judgment of criminal forfeiture shall not be entered

unless a special verdict containing a finding of property subject to

forfeiture, specifying the extent of such property and describing

with specificity such property and the circumstances by which the

property is subject to forfeiture is returned; and

2. If any property included in a special verdict of criminal

forfeiture:

a.

cannot be located,

b.

has been sold to a bona fide purchaser for value,

c.

has been placed beyond the jurisdiction of the court,

d.

has been substantially diminished in value by the

conduct of the defendant,

e.

has been commingled with other property that cannot be

divided without difficulty or undue injury to innocent

parties,

f.

is otherwise unreachable without undue injury to

innocent parties, or

g.

is subject to a valid security interest, to the extent

of the security interest, held by a bank, savings and

loan association, credit union or supervised lender

licensed by the Oklahoma Administrator of Consumer

Credit, acquired prior to the lien notice provided by

Section 1412 of this title,

the district court shall order forfeiture of any other property of

the defendant up to the value of the property that is unreachable.

Added by Laws 1988, c. 131, § 5, eff. Nov. 1, 1988. Amended by Laws

2010, c. 456, § 8, eff. Nov. 1, 2010.

Oklahoma Statutes - Title 22. Criminal Procedure