Vermont Statutes Title 13 Sec. 5422
Terms Used In Vermont Statutes Title 13 Sec. 5422
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Crime: includes delinquent acts and an act of terrorism, as defined in 18 U. See
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Summons: Another word for subpoena used by the criminal justice system.
- Victim: means :
§ 5422. Actions to recover profits from a crime
(a) Notwithstanding any other provision of law, including any statute of limitations, any crime victim shall have the right to bring a civil action in a court of competent jurisdiction to recover money damages from a person convicted of that crime, or the legal representative of that convicted person, within three years of the discovery of any profits from the crime. Any damages awarded in such action shall be recoverable only up to the value of the profits of the crime. This section shall not limit the right of a victim to proceed or recover under another cause of action.
(b) The Attorney General may, within three years of the discovery of any profits from the crime, bring a civil action on behalf of the State to enforce the subrogation rights described in section 5357 of this title.
(c) If the full value of any profits from the crime has not yet been claimed by either the victim of the crime or the victim’s representative, the Attorney General, or both, within three years of the discovery of such profits, then the State may bring a civil action in a court of competent jurisdiction to recover the costs incurred by providing the defendant with counsel, if any, and other costs reasonably incurred or to be incurred in the incarceration of the defendant.
(d) Upon the filing of an action pursuant to subsection (a) of this section, the victim shall deliver a copy of the summons and complaint to the Attorney General. Upon receipt of a copy of the summons and complaint, the Attorney General shall send written notice of the alleged existence of profits from the crime to all other known victims at their last known addresses.
(e) To avoid the wasting of assets identified in the complaint as newly discovered profits of the crime, the Attorney General, acting on behalf of the plaintiff and all other victims, shall have the right to apply for all remedies that are also otherwise available to the victim. (Added 2009, No. 55, § 2, eff. June 1, 2009.)