13-4313. Supplemental remedies

353 words·~2 min read·/az/title-13/13-4313

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The court shall order the forfeiture of any other property of a claimant or an in personam civil or criminal defendant up to the value of the claimant's or defendant's property that the court finds is subject to forfeiture if any of the following circumstances apply to the property:

1. It cannot be located.

2. It has been transferred or conveyed to, sold to or deposited with a third party.

3. It has been placed beyond the jurisdiction of the court.

4. It has been substantially diminished in value by any act or omission of the defendant.

5. It has been commingled with other property which cannot be divided without difficulty.

6. It is subject to any interest that is exempt from forfeiture.

B. In addition to any other remedy provided for by law, if property subject to forfeiture is conveyed, alienated, encumbered, disposed of, received, removed from the jurisdiction of the court, concealed or otherwise rendered unavailable for forfeiture after the filing of a racketeering lien notice or provision of notice of pending forfeiture or after the filing and notice of a civil proceeding or criminal proceeding alleging forfeiture under this chapter, whichever is earlier, the state may institute an action in superior court against the person named in the racketeering lien or notice of pending forfeiture or the defendant in the civil proceeding or criminal proceeding, and the court shall enter final judgment against the person named in the racketeering lien or notice of pending forfeiture or the defendant in the civil proceeding or criminal proceeding in an amount equal to the fair market value of the property, together with reasonable investigative expenses and attorney fees.

If a civil proceeding under this chapter is pending, the action shall be filed only in the court where the civil proceeding is pending.

C. This section does not limit the right of the state to obtain any order or injunction, receivership, writ, attachment, garnishment or other remedy authorized under this title or appropriate to protect the interests of the state or available under other applicable law, including title 44, chapter 8, article 1.