In addition to testimony and evidence presented at the hearing, the court shall consider the relevant portions of the record of the criminal case which resulted in the order of forfeiture. A the petitioner has a legal right, title, or interest in the property, and such right, title, or interest renders the order of forfeiture invalid in whole or in part because the right, title, or interest was vested in the petitioner rather than the defendant or was superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the property under this section; or.
B the petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this section;.
Pending final determination thereof, the court may at any time enter such restraining orders or prohibitions, or take such other actions, including the acceptance of satisfactory performance bonds, as it shall deem proper. The exception contained in the preceding sentence does not apply to an action against any person that is criminally convicted in connection with the fraud, in which case the statute of limitations shall start to run on the date on which the conviction becomes final.
In any civil action instituted under this chapter by the United States in any district court of the United States, the Attorney General may file with the clerk of such court a certificate stating that in his opinion the case is of general public importance. A copy of that certificate shall be furnished immediately by such clerk to the chief judge or in his absence to the presiding district judge of the district in which such action is pending.
Upon receipt of such copy, such judge shall designate immediately a judge of that district to hear and determine action. In any proceeding ancillary to or in any civil action instituted by the United States under this chapter the proceedings may be open or closed to the public at the discretion of the court after consideration of the rights of affected persons.
In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand. Such person may upon written agreement between such person and the custodian substitute for copies of all or any part of such material originals thereof. The custodian may cause the preparation of such copies of such documentary material as may be required for official use under regulations which shall be promulgated by the Attorney General.
While in the possession of the custodian, no material so produced shall be available for examination, without the consent of the person who produced such material, by any individual other than the Attorney General. Under such reasonable terms and conditions as the Attorney General shall prescribe, documentary material while in the possession of the custodian shall be available for examination by the person who produced such material or any duly authorized representatives of such person.
Upon the conclusion of any such case or proceeding, such attorney shall return to the custodian any documentary material so withdrawn which has not passed into the control of such court or grand jury through the introduction thereof into the record of such case or proceeding. Any successor so designated shall have with regard to such materials all duties and responsibilities imposed by this section upon his predecessor in office with regard thereto, except that he shall not be held responsible for any default or dereliction which occurred before his designation as custodian.
The time allowed for compliance with the demand in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court. Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. These predicate offenses must also have been committed in connection with an enterprise. An enterprise may be a legal or an illegal one. It could be a corporation or a mob.
The enterprise must be a discrete entity. A conviction under RICO has serious consequences. Not only does the RICO statute provide for criminal penalties including 20 years of prison, but the financial penalties are severe. The prison time can increase to up to a life sentence depending on the underlying crime that was committed.
In the establishment of RICO, there was the fear that assets associated with the enterprise would disappear before a final judgment was issued.
This pattern of illegal activity has to include two or more illegal acts committed within 10 years of each other that fall into the racketeering category according to the definition included in the RICO Act. This well-known act has been instrumental in the prosecutions of mafia members and members of other organized crime groups like Hells Angels.
Recently, the RICO act has been used more in cases against many different types of enterprises that are both illegally and legally operating.
Before the RICO Act was passed, mob bosses were very difficult to try and convict because they frequently did not commit illegal acts themselves. Under RICO law, a person can be convicted of a crime because they ordered another person to commit that crime. RICO law allows for criminal and civil cases, so a claim can be brought against another by the government or an individual.
Violations of RICO law can be punished as severely as a year prison sentence and can even be turned into a life sentence if the underlying crime authorizes that. In order to help the government continue to dismantle criminal organizations, a convicted criminal under RICO law must also forfeit all of their interest in the enterprise to the government. This hurts the criminal organization and gives the government more information on the enterprise.
This forfeiture doesn't wait for a guilty verdict, because the property might become too hard to find after that point.
0コメント