(1) Except as otherwise provided in this section, all real, personal, or intangible property of a person convicted of a violation of section 159i that is the proceeds of racketeering, the substituted proceeds of racketeering, or an instrumentality of racketeering, is subject to civil in rem forfeiture to a local unit of government or the state under this section and section 159n to 159q.
    (2) Real property that is the primary residence of the spouse of the owner is not subject to civil in rem forfeiture under this section and section 159n to 159q, unless that spouse had prior actual knowledge of, and consented to and participated in the commission of, the racketeering activity. Real property that is the primary residence of a dependent minor child of the owner is not subject to civil in rem forfeiture under this section and section 159n to 159q.
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Terms Used In Michigan Laws 750.159m

  • Contract: A legal written agreement that becomes binding when signed.
  • Dependent: A person dependent for support upon another.
  • Instrumentality: means an interest, real or personal property, or other thing of value, the use of which contributes directly and materially to the commission of an offense included in the definition of racketeering. See Michigan Laws 750.159f
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Person: means an individual, sole proprietorship, partnership, cooperative, association, corporation, limited liability company, personal representative, receiver, trustee, assignee, or other legal or illegal entity. See Michigan Laws 750.159f
  • Proceeds: means any real, personal, or intangible property obtained through the commission of an offense included in the definition of racketeering, including any appreciation in the value of the property. See Michigan Laws 750.159f
  • racketeering: means committing, attempting to commit, conspiring to commit, or aiding or abetting, soliciting, coercing, or intimidating a person to commit an offense for financial gain by obtaining money, property, or any other thing of value, involving any of the following:
    (a) A felony violation of section 8 of the tobacco products tax act, 1993 PA 327, MCL 205. See Michigan Laws 750.159g
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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: means any real, personal, or intangible property obtained or any gain realized by the sale or exchange of proceeds. See Michigan Laws 750.159h
    •     (3) Property is not subject to civil in rem forfeiture if either of the following circumstances exists:
        (a) The owner of the property did not have prior actual knowledge of the commission of the racketeering activity.
        (b) The owner of the property served notice of the commission of the crime upon an appropriate law enforcement agency.
        (4) The civil in rem 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 actual knowledge of the racketeering activity.
        (5) The civil in rem forfeiture of property encumbered by an unpaid balance on a land contract is subject to the interest of the land contract vendor who did not have prior actual knowledge of the racketeering activity.
        (6) Reasonable attorney fees for representation in an action under this chapter are not subject to civil in rem forfeiture under this chapter.
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