N.Y. PEN Law § 460.30 — New York Code / Act PEN / Part 4 / Title X / Article 460 / Section 460.30
Enterprise corruption; forfeiture
Status: in_force

§ 460.30 Enterprise corruption; forfeiture.\n  1. Any person convicted of enterprise corruption may be required\npursuant to this section to criminally forfeit to the state:\n  (a) any interest in, security of, claim against or property or\ncontractual right of any kind affording a source of influence over any\nenterprise whose affairs he has controlled or in which he has\nparticipated in violation of subdivision one of section 460.20 of this\narticle and for which he was convicted and the use of which interest,\nsecurity, claim or right by him contributed directly and materially to\nthe crime for which he was convicted unless such forfeiture is\ndisproportionate to the defendant's gain from his association or\nemployment with the enterprise, in which event the jury may recommend\nforfeiture of a portion thereof;\n  (b) any interest, including proceeds, he has acquired or maintained in\nan enterprise in violation of subdivision one of section 460.20 of this\narticle and for which he was convicted unless such forfeiture is\ndisproportionate to the conduct he engaged in and on which the\nforfeiture is based, in which event the jury may recommend forfeiture of\na portion thereof; or\n  (c) any interest, including proceeds he has derived from an investment\nof proceeds in an enterprise in violation of subdivision one of section\n460.20 of this article and for which he was convicted unless such\nforfeiture is disproportionate to the conduct he engaged in and on which\nthe forfeiture is based, in which event the jury may recommend\nforfeiture of a portion thereof.\n  2. (a) Forfeiture may be ordered when the grand jury returning an\nindictment charging a person with enterprise corruption has received\nevidence legally sufficient to establish, and providing reasonable cause\nto believe, that the property or other interest is subject to forfeiture\nunder this section. In that event, the grand jury shall file a special\ninformation, not to be disclosed to the jury in the criminal action\nprior to verdict on the criminal charges, specifying the property or\nother interest for which forfeiture is sought and containing a plain and\nconcise factual statement which sets forth the basis for the forfeiture.\nAlternatively, where the defendant has waived indictment and consented\nto be prosecuted by superior court information pursuant to article one\nhundred ninety-five of the criminal procedure law, the prosecutor may\nfile, in addition to the superior court information charging enterprise\ncorruption, a special information specifying the property or other\ninterest for which forfeiture is sought and containing a plain and\nconcise factual statement which sets forth the basis for the forfeiture.\n  (b) After returning a verdict of guilty on an enterprise corruption\ncount or counts, the jury shall be given the special information and\nhear any additional evidence which is relevant and legally admissible\nupon the forfeiture count or counts of the special information. After\nhearing such evidence, the jury shall then deliberate upon the\nforfeiture count or counts and, based upon all the evidence received in\nconnection with the indictment or superior court information and the\nspecial information, may, if satisfied by proof beyond a reasonable\ndoubt that the property or other interest, or a portion thereof, is\nsubject to forfeiture under this section return a verdict determining\nsuch property or other interest, or portion thereof, is subject to\nforfeiture, provided, however, where a defendant has waived a jury trial\npursuant to article three hundred twenty of the criminal procedure law,\nthe court may hear and receive all of the evidence upon the indictment\nor superior court information and the special information and render a\nverdict upon the enterprise corruption count or counts and the\nforfeiture count or counts.\n  (c) After the verdict of forfeiture, the court shall hear arguments\nand may receive additional evidence upon a motion of the defendant that\nthe verdict of forfeiture (i) is against the weight of the evidence, or\n(ii) is, with respect to a forfeiture pursuant to paragraph (a) of\nsubdivision one of this section, disproportionate to the defendant's\ngain from his association or employment with the enterprise, or, with\nrespect to a forfeiture pursuant to paragraph (b) or (c) of subdivision\none of this section, disproportionate to the conduct he engaged in on\nwhich the forfeiture is based. Upon such a finding the court may in the\ninterests of justice set aside, modify, limit or otherwise condition an\norder of forfeiture.\n  3. (a) An order of criminal forfeiture shall authorize the prosecutor\nto seize all property or other interest declared forfeited under this\nsection upon such terms and conditions as the court shall deem proper.\nIf a property right or other interest is not exercisable or transferable\nfor value by the prosecutor, it shall expire and shall not revert to the\nconvicted person. The court ordering any forfeiture may remit such\nforfeiture or any portion thereof.\n  (b) No person shall forfeit any right, title or interest in any\nproperty or enterprise under this article who has not been convicted of\na violation of section 460.20 of this article. Any person other than the\nconvicted person claiming an interest in forfeited property or other\ninterest may bring a special proceeding to determine that claim, before\nor after trial, pursuant to section thirteen hundred twenty-seven of the\ncivil practice law and rules, provided, however, that if such an action\nis brought before trial, it may, upon motion of the prosecutor, and in\nthe court's discretion, be postponed by the court until completion of\nthe trial. In addition, any person claiming an interest in property\nsubject to forfeiture may petition for remission as provided in\nsubdivision seven of section thirteen hundred eleven of such law and\nrules.\n  4. All property and other interests which are criminally forfeited\nfollowing the commencement of an action under this article, whether by\nplea, verdict or other agreement, shall be disposed of in accordance\nwith the provisions of section thirteen hundred forty-nine of the civil\npractice law and rules. In any case where one or more of the counts upon\nwhich a person is convicted specifically includes as a criminal act a\nviolation of any offense defined in article two hundred twenty of this\nchapter, the court shall determine what portion of that property or\ninterest derives from or relates to such criminal act, and direct that\ndistribution of that portion be conducted in the manner prescribed for\nactions grounded upon offenses in violation of article two hundred\ntwenty.\n  5. Any person convicted of a violation of section 460.20 of this\narticle through which he derived pecuniary value, or by which he caused\npersonal injury or property damage or other loss, may be sentenced to\npay a fine not in excess of three times the gross value he gained or\nthree times the gross loss he caused, whichever is greater. Moneys so\ncollected shall be paid as restitution to victims of the crime for\nmedical expenses actually incurred, loss of earnings or property loss or\ndamage caused thereby. Any excess after restitution shall be paid to the\nstate treasury. In any case where one or more of the counts upon which a\nperson is convicted specifically includes as a criminal act a violation\nof any offense defined in article two hundred twenty of this chapter,\nthe court shall determine what proportion of the entire pattern such\ncriminal acts constitute and distribute such portion in the manner\nprescribed by section three hundred forty-nine of the civil practice law\nand rules for forfeiture actions grounded upon offenses in violation of\narticle two hundred twenty.  When the court imposes a fine pursuant to\nthis subdivision, the court shall make a finding as to the amount of the\ngross value gained or the gross loss caused. If the record does not\ncontain sufficient evidence to support such a finding the court may\nconduct a hearing upon the issue. In imposing a fine, the court shall\nconsider the seriousness of the conduct, whether the amount of the fine\nis disproportionate to the conduct in which he engaged, its impact on\nvictims and the enterprise corrupted by that conduct, as well as the\neconomic circumstances of the convicted person, including the effect of\nthe imposition of such a fine upon his immediate family.\n  6. The imposition of an order of criminal forfeiture pursuant to\nsubdivision one of this section, a judgment of civil forfeiture pursuant\nto article thirteen-A of the civil practice law and rules, or a fine\npursuant to subdivision five of this section or paragraph (b) of\nsubdivision one of section 80.00 of this chapter, shall preclude the\nimposition of any other such order or judgment of forfeiture or fine\nbased upon the same criminal conduct, provided however that where an\norder of criminal forfeiture is imposed pursuant to subdivision one of\nthis section, an action pursuant to article thirteen-A of the civil\npractice law and rules may nonetheless be brought, and an order imposed\nin that action, for forfeiture of the proceeds of a crime or the\nsubstituted proceeds of a crime where such proceeds are not subject to\ncriminal forfeiture pursuant to subdivision one of this section. The\nimposition of a fine pursuant to subdivision five of this section or\nparagraph (b) of subdivision one of section 80.00 of this chapter, shall\npreclude the imposition of any other fine pursuant to any other\nprovision of this chapter.\n  7. Other than as provided in subdivision six, the imposition of a\ncriminal penalty, forfeiture or fine under this section shall not\npreclude the application of any other criminal penalty or civil remedy\nunder this article or under any other provision of law.\n  8. Any payment made as restitution to victims pursuant to this section\nshall not limit, preclude or impair any liability for damages in any\ncivil action or proceeding for an amount in excess of such payment.\n