Oklahoma § 22-1410 - Disposal of forfeited property

§ 22-1410. Disposal of forfeited property

A. Upon approval of the district court, the Attorney General or

district attorney shall dispose of all property ordered forfeited in

any criminal proceeding pursuant to the provisions of the Oklahoma

Racketeer-Influenced and Corrupt Organizations Act as soon as

feasible, making due provisions for the rights of innocent parties,

by:

1. Public sale;

2. Transfer to a state, county or local governmental agency for

official use;

3. Sale or transfer to an innocent party; or

4. Destruction, if the property is not needed for evidence in

any pending criminal or civil proceeding.

B. Any property right not exercisable by, or transferable for

value to the state shall not revert to the defendant. No defendant

or any person acting in concert with the defendant or on behalf of

the defendant shall be eligible to purchase forfeited property from

the state.

C. With respect to property ordered forfeited in any criminal

proceeding pursuant to the provisions of the Oklahoma RacketeerInfluenced and Corrupt Organizations Act, the Attorney General,

district attorney or other prosecutorial officer designated by the

Attorney General is authorized to:

1. Compromise claims;

2. Award compensation to persons providing information

resulting in a forfeiture pursuant to the provisions of the Oklahoma

Racketeer-Influenced and Corrupt Organizations Act; and

3. Petition the court to mitigate or remit a forfeiture or to

restore forfeited property to victims of a violation of Section

1403 of the Oklahoma Racketeer-Influenced and Corrupt Organizations

Act.

D. The proceeds of any sale or other disposition of forfeited

property imposed pursuant to the Oklahoma Racketeer-Influenced and

Corrupt Organizations Act shall be applied as follows:

1. To a bona fide innocent purchaser, conditional sales vendor,

or mortgagee of the forfeited property up to the amount of the

interest held by the person in the forfeited property;

2. To the fees and costs of the forfeiture and sale, including

expenses of seizure, maintenance, and custody of the property

pending its disposition, advertising, and the court costs;

3. To all costs and expenses of investigation and prosecution,

including costs of resources and personnel incurred in investigation

and prosecution; and

Oklahoma Statutes - Title 22. Criminal Procedure

4. The balance to the credit of the Attorney General, district

attorney, or law enforcement agencies in such proportions as are

represented by the costs and expenses of investigation and

prosecution as provided in the Oklahoma Racketeer-Influenced and

Corrupt Organizations Act.

Added by Laws 1988, c. 131, § 10, eff. Nov. 1, 1988. Amended by

Laws 2010, c. 456, § 12, eff. Nov. 1, 2010.