West Virginia Code 14-2B-4 – Notice of contract with defendant; payment over of crime profits to prosecutor; placing of crime profits into escrow account
(a) Every person, firm, corporation, partnership, association or other legal entity which knowingly contracts for, pays or agrees to pay, any crime profits, as defined in section three of this article, to a defendant shall submit a copy of such contract to the prosecutor and pay over to the prosecutor any moneys which would otherwise, by the terms of such contract, be owing to the defendant. The prosecutor shall deposit such moneys in an interest bearing escrow account and shall thereafter disburse such moneys only in accordance with the provisions of this article.
Terms Used In West Virginia Code 14-2B-4
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means any agreement, whether reduced to writing or not, in which any person, firm, corporation, partnership, association or other legal entity contracts for, pays or agrees to pay, any crime profits to a defendant or to a defendant'. See West Virginia Code 14-2B-3
- 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 any offense designated by the provisions of this code as a felony or misdemeanor. See West Virginia Code 14-2B-3
- Crime profits: means :
(1) Any property obtained through or income generated from the commission of a crime of which the defendant was convicted. See West Virginia Code 14-2B-3
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person charged with a crime or convicted of a crime after trial, by entry of a plea of guilty or by entry of a plea of nolo contendere in any court in this state. See West Virginia Code 14-2B-3
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- 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.
- Prosecutor: means the prosecuting attorney of the county in which the defendant is charged with or was prosecuted for the commission of the crime. See West Virginia Code 14-2B-3
(b) Every defendant who contracts for, receives or agrees to receive, any crime profits, as defined in section three of this article, from any person, firm, corporation, partnership, association or other legal entity, shall submit a copy of such contract to the prosecutor and pay over to the prosecutor any moneys which would otherwise, by the terms of such contract, be owing to the defendant. The prosecutor shall deposit such moneys in an interest bearing escrow account and shall thereafter disburse such moneys only in accordance with the provisions of this article.