2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1349 - Disposal of Property.

§  1349.  Disposal of property. 1. Any judgment or order of forfeiture
issued pursuant  to  this  article  shall  include  provisions  for  the
disposal of the property found to have been forfeited.
2.  If  any  other  provision  of  law expressly governs the manner of
disposition of property subject to the judgment or order of  forfeiture,
that  provision  of  law  shall be controlling, with the exception that,
notwithstanding the provisions of any other law,  all  forfeited  monies
and  proceeds  from  forfeited  property  shall  be  deposited  into and
disbursed from an asset forfeiture escrow fund established  pursuant  to
section  six-v  of  the  general  municipal  law, which shall govern the
maintenance of such monies and proceeds from  forfeited  property.  Upon
application  by  a  claiming  agent for reimbursement of moneys directly
expended by a claiming agent in the  underlying  criminal  investigation
for  the purchase of contraband which were converted into a non-monetary
form or which have not been otherwise recovered, the court shall  direct
such  reimbursement  from money forfeited pursuant to this article. Upon
application of the  claiming  agent,  the  court  may  direct  that  any
vehicles,  vessels  or  aircraft  forfeited  pursuant to this article be
retained by the claiming agent for law enforcement purposes, unless  the
court  determines  that such property is subject to a perfected lien, in
which case the court may not direct that the property be retained unless
all such liens on the property to be retained  have  been  satisfied  or
pursuant  to  the  court's order will be satisfied. In the absence of an
application by the claiming agent, the claiming authority may  apply  to
the  court  to  retain  such property for law enforcement purposes. Upon
such application, the court may direct that such property be retained by
the claiming authority for law enforcement purposes,  unless  the  court
determines  that such property is subject to a perfected lien. If not so
retained, the judgment or order shall direct the claiming  authority  to
sell  the property in accordance with article fifty-one of this chapter,
and that the proceeds of such sale and any other moneys  realized  as  a
consequence  of  any  forfeiture  pursuant  to  this  article  shall  be
deposited to an asset forfeiture escrow  fund  established  pursuant  to
section  six-v of the general municipal law and shall be apportioned and
paid in the following descending order of priority:
(a) Amounts ordered to be paid by the court  in  satisfaction  of  any
lien or claim against property forfeited. A fine imposed pursuant to the
penal law shall not be deemed to constitute a lien or claim for purposes
of this section;
(b) Amounts ordered to be paid by the defendant in any other action or
proceeding  as  restitution,  reparations  or damages to a victim of the
crime, which crime constitutes  the  basis  upon  which  forfeiture  was
effected under this article, to the extent such amounts remain unpaid;
(c) Amounts ordered to be paid by the defendant in any other action or
proceeding  as  restitution,  reparations  or damages to a victim of any
crime committed  by  the  defendant  even  though  such  crime  did  not
constitute  the  basis  for forfeiture under this article, to the extent
that such amounts remain unpaid;
(d) Amounts actually expended by  a  claiming  authority  or  claiming
agent,  which  amounts  are substantiated by vouchers or other evidence,
for the:   (i) maintenance  and  operation  of  real  property  attached
pursuant  to  this article. Expenditures authorized by this subparagraph
are limited to mortgage, tax and other financial obligations imposed  by
law and those other payments necessary to provide essential services and
repairs  to  real  property whose occupants are innocent of the criminal
conduct which led to the attachment or forfeiture; and
(ii) proper storage, cleanup and disposal of hazardous  substances  or
other  materials, the disposal of which is governed by the environmental

conservation law, when such storage, cleanup or disposal is required  by
circumstances  attendant  to  either  the commission of the crime or the
forfeiture action, or any order entered pursuant thereto;
(e)  In addition to amounts, if any, distributed pursuant to paragraph
(d) of this subdivision, fifteen percent of all moneys realized  through
forfeiture to the claiming authority in satisfaction of actual costs and
expenses  incurred  in  the investigation, preparation and litigation of
the forfeiture action, including that proportion of the salaries of  the
attorneys,  clerical  and  investigative personnel devoted thereto, plus
all costs  and  disbursements  taxable  under  the  provisions  of  this
chapter;
(f)  In addition to amounts, if any, distributed pursuant to paragraph
(d) of this subdivision, five percent of  all  moneys  realized  through
forfeiture  to  the  claiming  agent  in  satisfaction  of  actual costs
incurred  for  protecting,  maintaining  and  forfeiting  the   property
including  that  proportion  of  the salaries of attorneys, clerical and
investigative personnel devoted thereto;
(g) Forty percent of all moneys realized through forfeiture which  are
remaining  after distributions pursuant to paragraphs (a) through (f) of
this subdivision, to the chemical dependence  service  fund  established
pursuant to section ninety-seven-w of the state finance law;
(h)  All  moneys  remaining after distributions pursuant to paragraphs
(a) through (g) of this subdivision shall be distributed as follows:
(i) seventy-five percent of such moneys shall be deposited  to  a  law
enforcement  purposes  subaccount of the general fund of the state where
the  claiming  agent  is  an  agency  of  the  state  or  the  political
subdivision  or  public authority of which the claiming agent is a part,
to be used for law enforcement use in the  investigation  of  penal  law
offenses or law enforcement assisted diversion;
(ii)  the  remaining  twenty-five  percent  of  such  moneys  shall be
deposited to a prosecution services subaccount of the  general  fund  of
the  state  where  the claiming authority is the attorney general or the
political subdivision of which the claiming authority is a part,  to  be
used for the prosecution of penal law offenses.
Where  multiple claiming agents participated in the forfeiture action,
funds available pursuant to subparagraph (i) of this paragraph shall  be
disbursed  to  the  appropriate  law enforcement purposes subaccounts in
accordance  with  the  terms  of  a  written  agreement  reflecting  the
participation  of  each claiming agent entered into by the participating
claiming agents.
3. All moneys distributed to  the  claiming  agent  and  the  claiming
authority  pursuant  to paragraph (h) of subdivision two of this section
shall  be  used  to  enhance  law  enforcement  efforts   and   not   in
supplantation   of   ordinary  budgetary  costs  including  salaries  of
personnel, and expenses of the  claiming  authority  or  claiming  agent
during the fiscal year in which this section takes effect.
4.  The  claiming  authority shall report the disposal of property and
collection of assets pursuant to this section to the  office  of  victim
services,  the state division of criminal justice services and the state
division of substance abuse services.
5. Monies and proceeds  from  the  sale  of  property  realized  as  a
consequence  of  any  forfeiture  distributed  to  the claiming agent or
claiming authority of any county, town, city, or village  of  which  the
claiming agent or claiming authority is a part, shall be deposited to an
asset  forfeiture  escrow  fund established pursuant to section six-v of
the general municipal law.