Nevada Revised Statutes 207.420 – Criminal forfeiture: Property subject to forfeiture; substitution for unreachable property
1. If the indictment or information filed regarding a violation of NRS 207.400 alleges that real or personal property was derived from, realized through, or used or intended for use in the course of the unlawful act and the extent of that property:
Terms Used In Nevada Revised Statutes 207.420
- Allegation: something that someone says happened.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- 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: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Personal property: All property that is not real property.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) The jury; or
(b) If the trial is without a jury, the court, shall, upon a conviction, determine at a separate hearing the extent of the property to be forfeited. If the indictment or information does not include such an allegation, the property is not subject to criminal forfeiture.
2. The property subject to criminal forfeiture pursuant to subsection 1 includes:
(a) Any title or interest acquired or maintained by the unlawful conduct;
(b) Any proceeds derived from the unlawful conduct;
(c) Any property or contractual right which affords a source of influence over any enterprise established, operated, controlled, participated in or conducted in violation of NRS 207.400;
(d) Any position, office, appointment, tenure or contract of employment:
(1) Which was acquired or maintained in violation of NRS 207.400;
(2) Through which the convicted person conducted or participated in the conduct of such unlawful affairs of an enterprise; or
(3) Which afforded the convicted person a source of influence or control over the affairs of an enterprise which the convicted person exercised in violation of NRS 207.400;
(e) Any compensation, right or benefit derived from a position, office, appointment, tenure or contract of employment that accrued to the convicted person during the period of unlawful conduct; and
(f) Any amount payable or paid under any contract for goods or services which was awarded or performed in violation of NRS 207.400.
3. If property which is ordered to be criminally forfeited pursuant to subsection 1:
(a) Cannot be located;
(b) Has been sold to a purchaser in good faith for value;
(c) Has been placed beyond the jurisdiction of the court;
(d) Has been substantially diminished in value by the conduct of the defendant;
(e) Has been commingled with other property which cannot be divided without difficulty or undue injury to innocent persons; or
(f) Is otherwise unreachable without undue injury to innocent persons, the court shall order the forfeiture of other property of the defendant up to the value of the property that is unreachable.