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Ind. Code § 34-24-2-2

Action for forfeiture of property incident to corrupt business influence

Applied in 1 court decision — leading case Mendenhall v. City of Indianapolis (1999)

Most recently applied in Mendenhall v. City of Indianapolis (October 1999)

As added by P.L.1-1998, SEC.19

Sec. 2. (a) The prosecuting attorney in a county in which any of the property is located may bring an action for the forfeiture of any property:

(1) used in the course of;

(2) intended for use in the course of;

(3) derived from; or

(4) realized through;

conduct in violation of IC 35-45-6-2.

(b) The inspector general may bring an action for forfeiture in accordance with IC 4-2-7-6 in a county where property that is:

(1) derived from; or

(2) realized through;

misfeasance, malfeasance, nonfeasance, misappropriation, fraud, or other misconduct that has resulted in a financial loss to the state is located.

(c) An action for forfeiture may be brought in any circuit or superior court in a county in which any of the property is located.

(d) Upon a showing by a preponderance of the evidence that:

(1) property described in subsection (a) was used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of IC 35-45-6-2; or

(2) property described in subsection (b) was derived from or realized through conduct described in subsection (b);

the court shall, subject to the right, title, or interest of record of any other party in the property determined under section 4 of this chapter, order the property forfeited to the state and specify the manner of disposition of the property, including the manner of disposition if the property is not transferable for value.

(e) The court shall order forfeitures and dispositions under this section:

(1) with due provision for the rights of innocent persons; and

(2) as provided under section 4 of this chapter.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.