MISCELLANEOUS LAWS
387
34-24-2-3.
Procedures for seeking seizure.
34-24-2-4.
Seizure; procedures following seizure;
notice; answer.
34-24-2-5.
Recovery by secured party; appraised value.
34-24-2-6.
Action by aggrieved person; injunction;
civil action; jury trial; action by attorney
general, inspector general or prosecutor.
34-24-2-7.
Collateral estoppel.
34-24-2-8.
Retention of attorney by prosecutor or
inspector general.
34-24-2-1. Action by prosecutor to enjoin
violation; burden of proof; orders.
The prosecuting attorney in a county in which
the violation occurs may bring an action under this
section to enjoin a violation of IC 35-45-6-2 (cor-
rupt business influence). An action under this
section may be brought in any circuit or superior
court in a county in which the violation occurs. If
the court finds by a preponderance of the evi-
dence that a violation of IC 35-45-6-2 has
occurred, the court may:
(1) order a defendant to divest the defen-
dant of any interest in any enterprise or
property;
(2) impose reasonable restrictions upon
the future activities or investments of a
defendant, including prohibiting a defen-
dant from engaging in the same type of
endeavor as the enterprise in which the
defendant was engaged in violation of IC
35-45-6-2;
(3) order the dissolution or reorganization
of any enterprise;
(4) order the suspension or revocation of
a license, permit, or prior approval granted
to any enterprise by any agency of the
state;
(5) order the forfeiture of the charter of a
corporation organized under the laws of
Indiana, or the revocation of a certificate
authorizing a foreign corporation to con-
duct business within the state, upon find-
ing that:
(A) the board of directors or a mana-
gerial agent acting on behalf of the
corporation, in conducting the affairs of
the corporation, has authorized or
engaged in conduct in violation of IC
35-45-6-2; and
(B) for the prevention of future crimi-
nal activity, the public interest requires
the charter of the corporation be for-
feited and the corporation dissolved
or the certificate revoked; and
(6) make any other order or judgment that
the court considers appropriate.
In any order or judgment made by the court under
this section, the judge shall make due provision for
the rights of innocent persons, including a person
having any rights, title, or interest of record in any
of the property.
34-24-2-2. Forfeiture action by prosecutor or
inspector general; court order.
(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, misap-
propriation, 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 real-
ized through conduct in violation of IC
35-45-6-2; or
(2) property described in subsection (b)
was derived from or realized through con-
duct described in subsection (b);
the court shall, subject to the right, title, or inter-
est of record of any other party in the property
determined under section 4 of this chapter, order
