NY Penal L § 460.30 (2021)
2021 New York Laws PEN - Penal Part 4 - Administrative Provisions Title X - Organized Crime Control Act Article 460 - Enterprise Corruption 460.30 - Enterprise Corruption; Forfeiture.

§ 460.30 Enterprise corruption; forfeiture.   1.  Any  person  convicted  of  enterprise  corruption may be required pursuant to this section to criminally forfeit to the state:  (a) any interest  in,  security  of,  claim  against  or  property  or contractual  right  of any kind affording a source of influence over any enterprise  whose  affairs  he  has  controlled  or  in  which  he   has participated  in  violation of subdivision one of section 460.20 of this article and for which he was convicted and the use  of  which  interest, security,  claim  or right by him contributed directly and materially to the  crime  for  which  he  was  convicted  unless  such  forfeiture  is disproportionate  to  the  defendant's  gain  from  his  association  or employment with the enterprise, in which event the  jury  may  recommend forfeiture of a portion thereof;  (b) any interest, including proceeds, he has acquired or maintained in an  enterprise in violation of subdivision one of section 460.20 of this article and for  which  he  was  convicted  unless  such  forfeiture  is disproportionate  to  the  conduct  he  engaged  in  and  on  which  the forfeiture is based, in which event the jury may recommend forfeiture of a portion thereof; or  (c) any interest, including proceeds he has derived from an investment of proceeds in an enterprise in violation of subdivision one of  section 460.20  of  this  article  and  for  which  he was convicted unless such forfeiture is disproportionate to the conduct he engaged in and on which the  forfeiture  is  based,  in  which  event  the  jury  may  recommend forfeiture of a portion thereof.   2.  (a)  Forfeiture  may  be  ordered when the grand jury returning an indictment charging a person with  enterprise  corruption  has  received evidence legally sufficient to establish, and providing reasonable cause to believe, that the property or other interest is subject to forfeiture under  this  section. In that event, the grand jury shall file a special information, not to be disclosed to the  jury  in  the  criminal  action prior  to  verdict  on  the criminal charges, specifying the property or other interest for which forfeiture is sought and containing a plain and concise factual statement which sets forth the basis for the forfeiture. Alternatively, where the defendant has waived indictment  and  consented to  be  prosecuted by superior court information pursuant to article one hundred ninety-five of the criminal procedure law,  the  prosecutor  may file,  in addition to the superior court information charging enterprise corruption, a special  information  specifying  the  property  or  other interest  for  which  forfeiture  is  sought  and containing a plain and concise factual statement which sets forth the basis for the forfeiture.  (b) After returning a verdict of guilty on  an  enterprise  corruption count  or  counts,  the  jury shall be given the special information and hear any additional evidence which is relevant  and  legally  admissible upon  the  forfeiture  count or counts of the special information. After hearing  such  evidence,  the  jury  shall  then  deliberate  upon   the forfeiture  count or counts and, based upon all the evidence received in connection with the indictment or superior  court  information  and  the special  information,  may,  if  satisfied  by proof beyond a reasonable doubt that the property or other interest,  or  a  portion  thereof,  is subject  to  forfeiture  under this section return a verdict determining such property or other interest,  or  portion  thereof,  is  subject  to forfeiture, provided, however, where a defendant has waived a jury trial pursuant  to article three hundred twenty of the criminal procedure law, the court may hear and receive all of the evidence upon  the  indictment or  superior  court information and the special information and render a verdict  upon  the  enterprise  corruption  count  or  counts  and   the forfeiture count or counts.  (c)  After  the  verdict of forfeiture, the court shall hear arguments and may receive additional evidence upon a motion of the defendant  that the  verdict of forfeiture (i) is against the weight of the evidence, or (ii) is, with respect to a  forfeiture  pursuant  to  paragraph  (a)  of subdivision  one  of  this  section, disproportionate to the defendant's gain from his association or employment with the  enterprise,  or,  with respect  to a forfeiture pursuant to paragraph (b) or (c) of subdivision one of this section, disproportionate to the conduct he  engaged  in  on which  the forfeiture is based. Upon such a finding the court may in the interests of justice set aside, modify, limit or otherwise condition  an order of forfeiture.   3.  (a) An order of criminal forfeiture shall authorize the prosecutor to seize all property or other interest declared  forfeited  under  this section  upon  such terms and conditions as the court shall deem proper. If a property right or other interest is not exercisable or transferable for value by the prosecutor, it shall expire and shall not revert to the convicted person. The court  ordering  any  forfeiture  may  remit  such forfeiture or any portion thereof.  (b)  No  person  shall  forfeit  any  right,  title or interest in any property or enterprise under this article who has not been convicted  of a violation of section 460.20 of this article. Any person other than the convicted  person  claiming  an  interest in forfeited property or other interest may bring a special proceeding to determine that claim,  before or after trial, pursuant to section thirteen hundred twenty-seven of the civil  practice law and rules, provided, however, that if such an action is brought before trial, it may, upon motion of the prosecutor,  and  in the  court's  discretion,  be postponed by the court until completion of the trial. In addition, any person  claiming  an  interest  in  property subject  to  forfeiture  may  petition  for  remission  as  provided  in subdivision seven of section thirteen hundred eleven  of  such  law  and rules.   4.  All  property  and  other interests which are criminally forfeited following the commencement of an action under this article,  whether  by plea,  verdict  or  other  agreement, shall be disposed of in accordance with the provisions of section thirteen hundred forty-nine of the  civil practice law and rules. In any case where one or more of the counts upon which  a  person  is convicted specifically includes as a criminal act a violation of any offense defined in article two hundred twenty  of  this chapter,  the  court  shall  determine  what portion of that property or interest derives from or relates to such criminal act, and  direct  that distribution  of  that portion be conducted in the manner prescribed for actions grounded upon offenses  in  violation  of  article  two  hundred twenty.   5.  Any  person  convicted  of  a  violation of section 460.20 of this article through which he derived pecuniary value, or by which he  caused personal  injury  or  property damage or other loss, may be sentenced to pay a fine not in excess of three times the gross  value  he  gained  or three  times  the  gross loss he caused, whichever is greater. Moneys so collected shall be paid as restitution  to  victims  of  the  crime  for medical expenses actually incurred, loss of earnings or property loss or damage caused thereby. Any excess after restitution shall be paid to the state treasury. In any case where one or more of the counts upon which a person  is convicted specifically includes as a criminal act a violation of any offense defined in article two hundred twenty  of  this  chapter, the  court  shall  determine  what proportion of the entire pattern such criminal acts constitute and  distribute  such  portion  in  the  manner prescribed by section three hundred forty-nine of the civil practice law and  rules for forfeiture actions grounded upon offenses in violation of  article two hundred twenty.  When the court imposes a fine  pursuant  to this subdivision, the court shall make a finding as to the amount of the gross  value  gained  or  the  gross loss caused. If the record does not contain  sufficient  evidence  to  support  such a finding the court may conduct a hearing upon the issue. In imposing a fine,  the  court  shall consider  the seriousness of the conduct, whether the amount of the fine is disproportionate to the conduct in which he engaged,  its  impact  on victims  and  the  enterprise  corrupted by that conduct, as well as the economic circumstances of the convicted person, including the effect  of the imposition of such a fine upon his immediate family.   6.  The  imposition  of  an  order  of criminal forfeiture pursuant to subdivision one of this section, a judgment of civil forfeiture pursuant to article thirteen-A of the civil practice law and  rules,  or  a  fine pursuant  to  subdivision  five  of  this  section  or  paragraph (b) of subdivision one of section 80.00 of this  chapter,  shall  preclude  the imposition  of  any  other  such order or judgment of forfeiture or fine based upon the same criminal conduct, provided  however  that  where  an order  of  criminal forfeiture is imposed pursuant to subdivision one of this section, an action pursuant to  article  thirteen-A  of  the  civil practice  law and rules may nonetheless be brought, and an order imposed in that action, for forfeiture  of  the  proceeds  of  a  crime  or  the substituted  proceeds  of a crime where such proceeds are not subject to criminal forfeiture pursuant to subdivision one  of  this  section.  The imposition  of  a  fine  pursuant to subdivision five of this section or paragraph (b) of subdivision one of section 80.00 of this chapter, shall preclude the  imposition  of  any  other  fine  pursuant  to  any  other provision of this chapter.   7.  Other  than  as  provided  in subdivision six, the imposition of a criminal penalty, forfeiture  or  fine  under  this  section  shall  not preclude  the  application of any other criminal penalty or civil remedy under this article or under any other provision of law.   8. Any payment made as restitution to victims pursuant to this section shall not limit, preclude or impair any liability  for  damages  in  any civil action or proceeding for an amount in excess of such payment.