§14-2B-1. Short Title
This article shall be known and may be cited as the "West Virginia Crime Profits Act".
§14-2B-10. Consent to Jurisdiction
A person who commits a crime in this state submits to the jurisdiction of the courts of this state for a proceeding brought under this article. A person, firm, corporation, partnership, association or other legal entity which knowingly contracts for, pays or agrees to pay any profit to a defendant who commits a crime in […]
§14-2B-11. Failure of Defendant or Person, Firm, Corporation, Partnership, Association or Other Legal Entity Contracting With Defendant to Provide Notice to Prosecutor or Pay Over Moneys to Prosecutor as Required by This Article; Civil Penalty of Treble Damages
Notwithstanding any provision of this article to the contrary, if any defendant or any person, firm, corporation, partnership, association or other legal entity which knowingly contracts for, pays, or agrees to pay to a defendant, any crime profits, as defined in section one of this article, fails to submit a copy of such contract to […]
§14-2B-2. Legislative Findings; Purpose and Intent
The Legislature finds and declares that it is a violation of the public policy of this state to permit a person who commits a crime to thereafter gain a monetary profit from the commission of that crime. Consequently, the Legislature finds that when a person convicted of a crime later profits as a result of […]
§14-2B-3. Definitions
As used in this article: (a) "Crime" means any offense designated by the provisions of this code as a felony or misdemeanor. (b) "Crime profits" means: (1) Any property obtained through or income generated from the commission of a crime of which the defendant was convicted;
§14-2B-4. Notice of Contract With Defendant; Payment Over of Crime Profits to Prosecutor; Placing of Crime Profits Into Escrow Account
(a) Every person, firm, corporation, partnership, association or other legal entity which knowingly contracts for, pays or agrees to pay, any crime profits, as defined in section three of this article, to a defendant shall submit a copy of such contract to the prosecutor and pay over to the prosecutor any moneys which would otherwise, […]
§14-2B-5. Prosecutor to Commence Action to Distribute Profits From Crime; Joinder of Parties; Statute of Limitations; Issues to Be Determined in Action
(a) The prosecutor shall, within six months of the receipt of any contract or moneys, bring an action in interpleader in accordance with the West Virginia rules of civil procedure for trial courts of record to determine the distribution of any crime profits which have been received or may be received in the future by […]
§14-2B-6. Authority of Prosecutor to Make Payments From Escrow Account for the Necessary Expenses of Protection of Moneys Paid Into the Escrow Account; Payment of Moneys to Defendant When Charges Dismissed Prior to Filing of Interpleader Action
(a) The prosecutor may in his or her discretion, and without court approval, make such payments from the escrow account to such parties as may be necessary to preserve or maintain the moneys paid into the escrow account, provided the prosecutor finds that such payments would be in the best interests of any affected instrumentality […]
§14-2B-7. Prosecutor to Distribute Funds as Ordered by Court; Court to Order Distribution of Funds
(a) Except as otherwise provided in this article, the prosecutor shall distribute funds which are or may later be deposited in the escrow account only in accordance with this section. (b) The court or jury before which the interpleader action authorized by this article is pending shall decide all claims, except such claims that have […]
§14-2B-8. Priorities of Claims to Moneys in Escrow Account
(a) The court, in ordering relief pursuant to this article, shall distribute the moneys in the escrow account and moneys which may later be payable under the contract, in the following priority: (1) Payments authorized by the court for the exclusive purpose of retaining legal representation at any stage of the criminal proceedings against such […]
§14-2B-9. Acts to Defeat Intent of Article Void as Against Public Policy
Any action taken by any defendant, whether by way of execution of a power of attorney, creation of corporate entities or otherwise, to defeat the purpose of this article shall be null and void as against the public policy of this state.