750.159f Definitions generally. Sec. 159f. As used in this chapter: (a) “Enterprise” includes an individual, sole proprietorship, partnership, corporation, limited liability company, trust, union, association, governmental unit, or other legal entity or a group of persons associated in fact although not a legal entity. Enterprise includes illicit as well as licit enterprises. (b) “Instrumentality” means […]
750.159g “Racketeering” defined. Sec. 159g. As used in this chapter, “racketeering” means committing, attempting to commit, conspiring to commit, or aiding or abetting, soliciting, coercing, or intimidating a person to commit an offense for financial gain by obtaining money, property, or any other thing of value, involving any of the following: (a) A felony violation […]
750.159h “Records” or “documenting materials” and “substituted proceeds” defined. Sec. 159h. As used in this chapter: (a) “Records” or “documentary materials” means a book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer program or printout, any other data compilation from which information can be obtained or translated into usable form, or any […]
750.159i Prohibited conduct. Sec. 159i. (1) A person employed by, or associated with, an enterprise shall not knowingly conduct or participate in the affairs of the enterprise directly or indirectly through a pattern of racketeering activity. (2) A person shall not knowingly acquire or maintain an interest in or control of an enterprise or real […]
750.159j Violation as felony; penalties; imposition of costs; order to criminally forfeit property; additional authority of court; conditions for entering order of criminal forfeiture; attorney fees; determination of extent of property; property not reachable; retention of property by law enforcement agency; disposition of money seized; seizure; other criminal or civil remedies not precluded. Sec. 159j. […]
750.159k Order of criminal forfeiture; notice; hearing to determine validity of claim of property interest; petition; consolidation of hearings; testimony and evidence; amendment of order. Sec. 159k. (1) Upon the entry of the order of criminal forfeiture pursuant to section 159j, the court shall cause notice of the order to be sent by certified mail […]
750.159l Jurisdiction of court; notification of persons with property interest. Sec. 159l. (1) In a prosecution under section 159i, the court has jurisdiction to enter such restraining orders or injunctions or to take other action by order, including, but not limited to, the acceptance of satisfactory performance bonds, in connection with any property subject to […]
750.159m Property subject to civil in rem forfeiture; exceptions; encumbrances; attorney fees. Sec. 159m. (1) Except as otherwise provided in this section, all real, personal, or intangible property of a person convicted of a violation of section 159i that is the proceeds of racketeering, the substituted proceeds of racketeering, or an instrumentality of racketeering, is […]
750.159n Seizure of property subject to civil in rem forfeiture; petition; filing; personal or intangible property; determination by court; seizure without process; circumstances; lien notice against real property; notice and hearing required; return of property to crime victim; exceptions; custody of property by seizing agency. Sec. 159n. (1) A civil in rem forfeiture proceeding under […]
750.159o Notice requirements. Sec. 159o. (1) Within 14 days after personal or intangible property is seized or a lien notice is filed against real property under section 159n, the prosecuting agency shall give notice pursuant to this section of the seizure of the property and the intent to forfeit and dispose of the property according […]
750.159p Verified claim stating interest in property or proceeds. Sec. 159p. (1) At any time within 28 days after the date of the completion of the publication pursuant to section 159o or within 21 days after receipt of actual notice pursuant to section 159o, a person claiming an interest in property or proceeds subject to […]
750.159q Burden of proof; evidence; return or disposal of property; notice; estoppel from denial of allegations in civil trial; admissibility of testimony. Sec. 159q. (1) At the civil in rem forfeiture proceeding, the court shall act as trier of fact. The prosecuting agency has the burden of proving both of the following by clear and […]
750.159r Sale of seized property by unit of government; disposal of received money; order of priority; appointment, compensation, and duties of receiver. Sec. 159r. (1) If property is criminally or civilly forfeited under this chapter, the unit of government that seized or filed a lien against the property may sell the property that is not […]
750.159s Commencement of action. Sec. 159s. A civil in rem forfeiture action under this chapter related to an offense included in the definition of racketeering or a violation of section 159i shall be commenced within 6 years after the activity terminates or the cause of action accrues, whichever is later. History: Add. 1995, Act 187, […]
750.159t Seizure of constitutionally protected materials. Sec. 159t. Notwithstanding any provision in this chapter, the prosecuting agency shall not seize materials presumptively protected by the first amendment to the constitution of the United States in a manner that violates that constitutional provision. History: Add. 1995, Act 187, Eff. Apr. 1, 1996
750.159u Civil cause of action not created by chapter. Sec. 159u. Except as expressly provided, this chapter does not create a civil cause of action between 2 or more persons. History: Add. 1995, Act 187, Eff. Apr. 1, 1996
750.159v Forfeiture proceeding under other law not precluded. Sec. 159v. This chapter does not preclude a prosecuting agency from pursuing a forfeiture proceeding under any other law of this state. History: Add. 1995, Act 187, Eff. Apr. 1, 1996
750.159w Activities unrelated to prohibited activities of enterprise. Sec. 159w. This chapter shall not be construed to permit the termination, suspension, or interruption of the legitimate activities of an enterprise that are unrelated to any felonious or racketeering activity forming the object of the criminal case or civil in rem forfeiture action and that may […]
750.159x Notice of proposed investigation to attorney general. Sec. 159x. Before conducting an investigation of activity suspected to constitute a violation of section 159i, a prosecuting agency who is the prosecuting attorney of a county or his or her designee shall notify the department of the attorney general of the proposed investigation. History: Add. 1995, […]
