Michigan Laws 600.4701 – Definitions
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Terms Used In Michigan Laws 600.4701
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Crime: means committing, attempting to commit, conspiring to commit, or soliciting another person to commit any of the following offenses in connection with which the forfeiture of property is sought:
(i) A violation of part 111 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 600.4701Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, corporation, limited liability company, partnership, or other business entity, or an unincorporated or voluntary association. See Michigan Laws 600.4701 Personal property: All property that is not real property. Proceeds of a crime: means any property obtained through the commission of a crime, including any appreciation in the value of the property. See Michigan Laws 600.4701 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
As used in this chapter:
(a) “Crime” means committing, attempting to commit, conspiring to commit, or soliciting another person to commit any of the following offenses in connection with which the forfeiture of property is sought:
(i) A violation of part 111 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11101 to 324.11153.
(ii) A violation of part 121 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.12101 to 324.12117.
(iii) A criminal violation of part 413 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.41301 to 324.41325, or a permit issued under that part involving a prohibited species that is an aquatic species.
(iv) A violation of section 4, 5, or 7 of the medicaid false claim act, 1977 PA 72, MCL 400.604, 400.605, and 400.607.
(v) A violation of section 2 or 3 of the Michigan antitrust reform act, 1984 PA 274, MCL 445.772 and 445.773.
(vi) A violation described in section 508 of the uniform securities act (2002), 2008 PA 551, MCL 451.2508.
(vii) A violation of section 5 or 7 of 1978 PA 33, MCL 722.675 and 722.677.
(viii) A violation of any of the following:
(A) Section 49, 75, 94, 95, 96, 100, 104, 105, 110, 110a, 112, 117, 118, 119, 120, 121, 124, 145c, 145d, 157q, 157r, 174, 175, 176, 180, 181, 182, 213, 214, 218, 219a, 224, 248, 249, 250, 251, 252, 253, 254, 255, 263, 264, 271, 272, 273, 274, 300, 356, 357, 357a, 359, 360, 459, 520b, 520c, 520d, 520g, 529, 530, 531, 535, 540c, or 540g of the Michigan penal code, 1931 PA 328, MCL 750.49, 750.75, 750.94, 750.95, 750.96, 750.100, 750.104, 750.105, 750.110, 750.110a, 750.112, 750.117, 750.118, 750.119, 750.120, 750.121, 750.124, 750.145c, 750.145d, 750.157q, 750.157r, 750.174, 750.175, 750.176, 750.180, 750.181, 750.182, 750.213, 750.214, 750.218, 750.219a, 750.224, 750.248, 750.249, 750.250, 750.251, 750.252, 750.253, 750.254, 750.255, 750.263, 750.264, 750.271, 750.272, 750.273, 750.274, 750.300, 750.356, 750.357, 750.357a, 750.359, 750.360, 750.459, 750.520b, 750.520c, 750.520d, 750.520g, 750.529, 750.530, 750.531, 750.535, 750.540c, and 750.540g, or former section 106 of that act.
(B) Chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.
(C) Chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z.
(ix) A violation of 1979 PA 53, MCL 752.791 to 752.797.
(x) A violation of section 601 of the occupational code, 1980 PA 299, MCL 339.601.
(b) “Instrumentality of a crime” means any property, other than real property, the use of which contributes directly and materially to the commission of a crime.
(c) “Person” means an individual, corporation, limited liability company, partnership, or other business entity, or an unincorporated or voluntary association.
(d) “Proceeds of a crime” means any property obtained through the commission of a crime, including any appreciation in the value of the property.
(e) “Security interest” means any interest in real or personal property that secures payment or performance of an obligation.
(f) “Substituted proceeds of a crime” means any property obtained or any gain realized by the sale or exchange of proceeds of a crime.
(g) “Willful blindness” means the intentional disregard of objective fact that would lead a reasonable person to conclude that the property was derived from unlawful activity or would be used for an unlawful purpose.