Oklahoma § 22-1409 - Civil proceedings

§ 22-1409. Civil proceedings

A. The Attorney General, any district attorney or any district

attorney appointed under the provisions of Section 215.9 of Title 19

Oklahoma Statutes - Title 22. Criminal Procedure

of the Oklahoma Statutes may institute civil proceedings against any

person in an appropriate district court seeking relief from conduct

constituting a violation of any provisions of Section 1403 of the

Oklahoma Racketeer-Influenced and Corrupt Organizations Act with the

right to a trial by jury at the request of either party. If the

plaintiff in such a proceeding proves the alleged violation by a

preponderance of the evidence, the district court, after making due

provisions for the rights of innocent parties, may grant relief by

entering any appropriate order of judgment, including:

1. Ordering any defendant to divest himself of any interest in

any enterprise or any real property;

2. Imposing reasonable restrictions upon the future activities

or investments of any defendant, including prohibiting any defendant

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

which the defendant was engaged in violation of Section 1403 of the

Oklahoma Racketeer-Influenced and Corrupt Organizations Act;

3. Ordering the dissolution or reorganization of any

enterprise;

4. Ordering the suspension or revocation of a license, permit,

or prior approval granted to any enterprise by an agency of the

state; or

5. Ordering the surrender of the charter of a corporation

organized pursuant to the laws of the state or the revocation of a

certificate authorizing a foreign corporation to conduct business

within the state.

In a proceeding initiated pursuant to the provisions of this

section, injunctive relief shall be granted in conformity with the

principles that govern the granting of relief from injury or

threatened injury in other cases, but no showing of special or

irreparable injury shall be required. Pending final determination

of a proceeding initiated pursuant to the provisions of this

section, a temporary restraining order or a preliminary injunction

may be issued upon a showing of immediate danger of significant

injury, 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 a bond in

the amount of ten percent (10%) of the value of the property against

injury for an injunction improvidently granted. If the district

court issues an injunction or grants other relief pursuant to the

provisions of this section, the plaintiff shall also recover costs,

including reasonable attorney fees and costs of investigation and

litigation reasonably incurred.

B. The civil penalty imposed pursuant to this section shall not

exceed One Hundred Thousand Dollars ($100,000.00), with no offset

for the value of any property criminally forfeited or any fine

imposed pursuant to the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act. This amount shall be applied to the costs and

Oklahoma Statutes - Title 22. Criminal Procedure

expenses of investigation and prosecution, and the balance, if any,

shall be paid pursuant to the provisions of the Oklahoma RacketeerInfluenced and Corrupt Organizations Act.

C. Upon the filing of a civil action pursuant to the provisions

of subsection A or B of this section, a district attorney shall

immediately notify the Attorney General of its filing. Upon timely

application, the Attorney General may intervene as a party in any

civil action or proceeding brought pursuant to subsection A or B of

this section if the Attorney General certifies that the action or

proceeding is of general public importance.

D. A final judgment or decree rendered against the defendant in

any civil or criminal proceeding pursuant to the provisions of the

Oklahoma Racketeer-Influenced and Corrupt Organizations Act, shall

estop the defendant in any subsequent civil action or proceeding

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

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

criminal proceeding.

E. A civil action or proceeding pursuant to the provisions of

the Oklahoma Racketeer-Influenced and Corrupt Organizations Act may

be commenced at any time within five (5) years after the conduct

made unlawful pursuant to the provisions of Section 1403 of the

Oklahoma Racketeer-Influenced and Corrupt Organizations Act

terminates or the cause of action accrues. If a criminal proceeding

or civil action or other proceeding is brought by or intervention is

granted to the state to punish, prevent, or restrain any activity

made unlawful pursuant to the provisions of Section 1403 of the

Oklahoma Racketeer-Influenced and Corrupt Organizations Act, the

running of the period of limitations prescribed by this section with

respect to any cause of action of an aggrieved person, based in

whole or in part upon any matter complained of in any such

prosecution, action, or proceeding shall be suspended during the

pendency of such prosecution, action, or proceeding and for two (2)

years following its termination.

F. Service of process in an action pursuant to the provisions

of this section may be made upon any person outside the state if the

person was a principal in any conduct constituting a violation of

the provisions of the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act in this state. The person shall be deemed to have

thereby submitted himself to the jurisdiction of the courts of this

state for the purposes of this section.

G. The application of any civil remedy pursuant to the

provisions of this section shall not preclude the application of any

other civil or criminal remedy pursuant to the provisions of the

Oklahoma Racketeer-Influenced and Corrupt Organizations Act or any

other provision of law. Civil remedies pursuant to the provisions

of this section are supplemental and not mutually exclusive.

Oklahoma Statutes - Title 22. Criminal Procedure

Added by Laws 1988, c. 131, § 9, eff. Nov. 1, 1988.

2010, c. 456, § 11, eff. Nov. 1, 2010.

Amended by Laws