Michigan Laws 600.4702 – Property subject to seizure and forfeiture; exception; encumbrances; substituted proceeds of crime
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Terms Used In Michigan Laws 600.4702
- Contract: A legal written agreement that becomes binding when signed.
- 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 600.4701Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dependent: A person dependent for support upon another. 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. See Michigan Laws 600.4701 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. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Security interest: means any interest in real or personal property that secures payment or performance of an obligation. See Michigan Laws 600.4701 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Substituted proceeds of a crime: means any property obtained or any gain realized by the sale or exchange of proceeds of a crime. See Michigan Laws 600.4701 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. See Michigan Laws 600.4701
(1) Except as otherwise provided in this section, the following property is subject to seizure by, and forfeiture to, a local unit of government or this state under this chapter:
(a) All personal property that is the proceeds of a crime, the substituted proceeds of a crime, or an instrumentality of a crime.
(b) All real property that is the proceeds of a crime, the substituted proceeds of a crime, or an instrumentality of a crime, except real property that is the primary residence of the spouse or a dependent child of the owner, unless that spouse or dependent child had prior knowledge of, and consented to the commission of, the crime.
(c) In the case of a crime that is a violation of section 49, chapter LXVIIA, or chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.49, 750.462a to 750.462h, and 750.543a to 750.543z, all property described in subdivisions (a) and (b), and all real property or personal property that performed 1 of the following functions:
(i) Contributed directly and materially to the commission of the crime.
(ii) Was used to conceal the crime.
(iii) Was used to escape from the scene of the crime.
(iv) Was used to conceal the identity of 1 or more of the individuals who committed the crime.
(2) Property is not subject to seizure or forfeiture if either of the following circumstances exists:
(a) The owner of the property did not have prior knowledge of, or consent to the commission of, the crime, if the lack of prior knowledge is not the result of the owner’s willful blindness.
(b) Upon learning of the commission of the crime, the owner of the property served written and timely notice of the commission of the crime upon an appropriate law enforcement agency, and served a written and timely notice to quit upon the person who committed the crime.
(3) The forfeiture of property encumbered by a security interest is subject to the interest of the holder of the security interest who did not have prior knowledge of, or consent to the commission of, the crime.
(4) The forfeiture of property encumbered by an unpaid balance on a land contract is subject to the interest of the land contract vendor, if the vendor did not have prior knowledge of, or consent to the commission of, the crime.
(5) The forfeiture of the substituted proceeds of a crime is limited to the value of the proceeds of the crime in addition to both of the following:
(a) The amount by which any restitution or damages owed to the victim of the crime exceeds the value of the proceeds of the crime.
(b) The amount by which any reasonable expenses of the forfeiture proceedings and sale, including, but not limited to, expenses for maintaining custody of the property, as well as advertising and prosecution costs, exceeds the value of the proceeds of the crime.