§ 75D-1 – Short title.
75D-1. Short title. This Chapter shall be known and may be cited as the North Carolina Racketeer Influenced and Corrupt Organizations Act (RICO). (1985 (Reg. Sess., 1986), c. 999, s. 1.)
§ 75D-10 – Civil remedies are supplemental and not mutually exclusive.
75D-10. Civil remedies are supplemental and not mutually exclusive. The application of one civil remedy under this Chapter shall not preclude the application of any other remedy under this Chapter or any other provision of law. Civil remedies under this Chapter are cumulative, supplemental and not exclusive, and are in addition to the fines, penalties […]
§ 75D-11 – Reciprocal agreements with other states.
75D-11. Reciprocal agreements with other states. The Attorney General is authorized to enter into reciprocal agreements with any United States attorney or the attorney general or chief prosecuting attorney of any other state having a civil forfeiture law substantially similar to this Chapter so as to further the purpose of this Chapter. (1985 (Reg. Sess., […]
§ 75D-12 – Venue.
75D-12. Venue. In any forfeiture action brought pursuant to this Chapter, the claim for relief shall be considered to have arisen in any county in which an incident of racketeering occurred or in which an interest or control of an enterprise or real or personal property is acquired or maintained. Venue in any private action […]
§ 75D-13 – Filing and attachment of RICO lien notice.
75D-13. Filing and attachment of RICO lien notice. (a) Upon the institution of any proceeding under this Chapter, the Attorney General then or at any time during the pendency of the proceeding may file in the official records of any one or more counties a RICO lien notice. No filing fee or other charge shall […]
§ 75D-14 – Release of lien notice.
75D-14. Release of lien notice. The Attorney General filing the RICO lien notice, or the court for good cause shown at anytime, may release in whole or in part any RICO lien notice or may release any specific property or beneficial interest from the RICO lien notice upon such terms and conditions as he may […]
§ 75D-2 – Findings and intent of General Assembly.
75D-2. Findings and intent of General Assembly. (a) The General Assembly finds that a severe problem is posed in this State by the increasing organization among certain unlawful elements and the increasing extent to which organized unlawful activities and funds acquired as a result of organized unlawful activity are being directed to and against the […]
§ 75D-3 – Definitions.
75D-3. Definitions. As used in this Chapter, the term: (a) "Enterprise" means any person, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this State, or other legal entity; or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well […]
§ 75D-4 – Prohibited activities.
75D-4. Prohibited activities. (a) No person shall: (1) Engage in a pattern of racketeering activity or, through a pattern of racketeering activities or through proceeds derived therefrom, acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property, or personal property of any nature, including money; or (2) Conduct or […]
§ 75D-5 – RICO civil forfeiture proceedings.
75D-5. RICO civil forfeiture proceedings. (a) All property of every kind used or intended for use in the course of, derived from, or realized through a racketeering activity or pattern of racketeering activity is subject to forfeiture to the State. Forfeiture shall be had by a civil procedure known as a RICO forfeiture proceeding. (b) […]
§ 75D-6 – Power to compel examination.
75D-6. Power to compel examination. Whenever the Attorney General has reason to believe that any person or enterprise may have information or may be in possession, custody or control of any documentary materials relevant to an activity prohibited under G.S. 75D-4, he may issue in writing, and cause to be served upon such person or […]
§ 75D-7 – False testimony.
75D-7. False testimony. False testimony as to any material fact by any person examined under the provisions of this Chapter shall constitute perjury and a conviction shall be punishable as in other cases of perjury as a Class F felony. (1985 (Reg. Sess., 1986), c. 999, s. 1; 1993, c. 539, s. 1286; 1994, Ex. […]
§ 75D-8 – Available RICO civil remedies.
75D-8. Available RICO civil remedies. (a) As part of a final judgment of forfeiture, any judge of the superior court may, after giving reasonable notice to potential innocent claimants, enjoin violations of G.S. 75D-4, by issuing appropriate orders and judgments: (1) Ordering any defendant to divest himself of any interest in any enterprise, real property, […]
§ 75D-9 – Period of limitations as to civil proceedings under this Chapter.
75D-9. Period of limitations as to civil proceedings under this Chapter. Notwithstanding any other provision of law, a civil action or proceeding under this Chapter may be commenced within five years after the conduct in violation of a provision of this Chapter terminates or the claim for relief accrues, whichever is later. If a civil […]