Louisiana Revised Statutes 14:230.1 – Civil remedies
Terms Used In Louisiana Revised Statutes 14:230.1
- Arrest: Taking physical custody of a person by lawful authority.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
A. As used in this Section:
(1) “Commingled funds” means the combination of legitimate funds and proceeds derived from criminal activity.
(2) “Criminal activity” means any of the offenses listed in Subsection B of this Section, including conspiracy, principals, and attempts to commit any of the listed offenses that are classified as a felony under the laws of this state or of the United States.
(3) “Facilitating property” means any property used to commit the offense.
(4) “Proceeds” means funds acquired or derived directly or indirectly from or produced or realized through an act.
B. All facilitating property, proceeds, and commingled funds, without limitation to commingled funds of persons who knowingly or should have reasonably known of the foregoing criminal activity, shall be subject to seizure and forfeiture if involved in or derived from any of the following offenses:
(1) Identity theft (La. Rev. Stat. 14:67.16).
(2) Access device fraud (La. Rev. Stat. 14:70.4).
(3) Illegal transmission of monetary funds (La. Rev. Stat. 14:70.8).
(4) Bank fraud (La. Rev. Stat. 14:71.1).
(5) Monetary instrument abuse (La. Rev. Stat. 14:72.2).
(6) Computer fraud (La. Rev. Stat. 14:73.5).
(7) Money laundering; transactions involving proceeds derived from criminal activity (La. Rev. Stat. 14:230).
C.(1) Any facilitating property, proceeds, and commingled funds subject to forfeiture under this Section may be seized under process issued by any court of record having jurisdiction over the facilitating property, proceeds, and commingled funds except that seizure without such process may be made when either of the following exists:
(a) The seizure is incident to an arrest with probable cause or a search under a valid search warrant or with probable cause or an inspection under valid administrative inspection warrant.
(b) The facilitating property, proceeds, and commingled funds subject to seizure have been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this Section.
(2)(a) All forfeitures or dispositions under this Section shall be made with due provisions for the rights of factually innocent persons. No mortgage, lien, privilege, or other security interest recognized under the laws of Louisiana and no ownership interest in indivision shall be affected by a forfeiture if the owner of such mortgage, lien, privilege, or other security interest, or owner in indivision establishes that he is a factually innocent person. No forfeiture or disposition under this Section shall affect the rights of factually innocent persons.
(b) Notwithstanding any provision of law to the contrary, a mortgage, lien, or security interest held by a federally insured financial institution shall not be affected by the seizure and forfeiture provisions of this Section.
(c) Notice of pending forfeiture or disposition shall be provided by the district attorney in accordance with the requirements of La. Rev. Stat. 40:2608(3) or La. Rev. Stat. 14:90.1(B)(3).
D. In the event of a seizure under Subsection C of this Section, a forfeiture proceeding shall be instituted promptly. Any facilitating property, proceeds, and commingled funds taken or detained under this Section shall not be subject to sequestration or attachment but are deemed to be in the custody of the law enforcement officer making the seizure, subject only to the order of the court. When property is seized under this Section, pending forfeiture and final disposition, the law enforcement officer making the seizure may do any of the following:
(1) Place the property under seal.
(2) Remove the property to a place designated by the court.
(3) Request another agency authorized by law to take custody of the property and remove it to an appropriate location.
E. The district attorney may institute civil proceedings under this Section. In any action brought under this Section, the district court shall proceed as soon as practicable to the hearing and determination following conviction or agreement between the parties. Pending final determination, the court may at any time enter such injunctions or restraining orders or take such actions, including the acceptance of satisfactory performance bonds, as the court may deem proper.
F. A final judgment or decree rendered in favor of the state in any criminal proceeding shall preclude the defendant from denying the essential facts established in that proceeding in any subsequent civil action.
G. Notwithstanding any other provision of law, a criminal or civil action or proceeding under this Chapter may be commenced at any time within five years after the conduct in violation of a provision of this Chapter terminates or the cause of action accrues. If a criminal prosecution or civil action is brought under the provisions of this Chapter, the running of the period prescribed by this Section with respect to any cause of action arising under Subsection E of this Section which is based in whole or in part upon any matter complained of in any such prosecution or action shall be suspended during the pendency of such prosecution or action and for two years following its termination.
H. The application of one civil remedy under any provision of this Section shall not preclude the application of any other remedy, civil or criminal, under any other provision of law. Civil remedies under this Section are supplemental and not mutually exclusive.
I. The allocation of proceeds from forfeitures or dispositions under this Section shall be determined by the court in accordance with each law enforcement entity’s participation in the investigation, seizure, and forfeiture process. Proceeds shall be distributed in the following order of priority:
(1) Satisfaction of any bona fide security interest or lien.
(2) Payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs.
(3) The remaining funds shall be allocated as follows:
(a) Sixty percent to the law enforcement agency or agencies making the seizure.
(b) Twenty percent to the criminal court fund.
(c) Twenty percent to the district attorney’s office pursuing the forfeiture.
Acts 2022, No. 747, §1.