32-07.1 Crime Profits Recovery
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<![CDATA[CHAPTER 32-07.1CRIME PROFITS RECOVERY32-07.1-01. Profits from the crime of a felon - Definitions - Action to recover profitsfrom the crime - Violations - Remedies cumulative - Limitations of actions.1.As used in this section:a."Beneficiary" means:(1)A person who, under applicable law, other than the provisions of this<br>section, has or had a right to recover damages from the convicted felon<br>for physical, mental, or emotional injury, or pecuniary loss proximately<br>caused by the convicted felon as a result of the crime for which the felon<br>was convicted.(2)If a beneficiary has died, a person or estate that is entitled to recover<br>damages.(3)If a person has died and the death was proximately caused by the<br>convicted felon as a result of the crime for which the felon was convicted,<br>a person described in chapter 32-21 or any beneficiary of a will of the<br>decedent who had a right under that will to receive more than twenty-five<br>percent of the value of the estate of the decedent.b."Beneficiary's interest in the profits from the crime" means that portion of the<br>profits from the crime necessary to pay the following:(1)In the case of a beneficiary described in paragraph 1 or 2 of<br>subdivision a, those damages which, under applicable law, other than the<br>provisions of this section, the beneficiary has a right to recover from the<br>convicted felon for injuries proximately caused by the convicted felon as<br>a result of the crime for which the felon was convicted.(2)In the case of the beneficiary described in paragraph 3 of subdivision a,<br>those damages which under all the circumstances of the case may be<br>just.c."Convicted felon" means any person convicted of a felony, or found not guilty<br>by reason of insanity of a felony committed in this state, either by a court or jury<br>trial or by entry of a plea in court.d."Felony" means a felony defined by any North Dakota or federal statute.e."Profits from the crime" means:(1)Any property obtained through or income substantially related to the<br>commission of a crime of which the defendant was convicted;(2)Any property obtained by or income substantially related to the sale,<br>conversion, or exchange of proceeds of a crime, including any gain<br>realized by the sale, conversion, or exchange; and(3)Any property that the convicted felon obtained or income substantially<br>related to the commission of the crime, including any assets obtained<br>through the use of unique knowledge obtained during the commission of,<br>or in preparation for the commission of, the crime, as well as any<br>property obtained by or income substantially related to the sale,Page No. 1conversion, or exchange of such property and any gain realized by such<br>sale, conversion, or exchange.f."Representative of the felon" means any person or entity receiving profits from<br>the crime by designation of the felon, or on behalf of the felon or in the stead of<br>the felon, whether by the felon's designation or by operation of law.2.All profits from the crime belonging to the convicted felon are subject to a<br>constructive trust for the benefit of the beneficiaries set forth in this section. The<br>trust continues until six years after the date of conviction. If an action is filed by a<br>beneficiary to recover the beneficiary's interest in a trust within that time limitation,<br>the trust character of the property continues until the conclusion of the action.3.a.Any beneficiary may bring an action against a convicted felon or representative<br>of the felon to recover the beneficiary's interest in the trust established by this<br>section.b.The action may be brought in the district court where the beneficiary resides,<br>where the convicted felon resides, or where the proceeds are located.c.If the court determines that a beneficiary is entitled to profits from the crime<br>pursuant to this section, the court shall order the payment from profits from the<br>crime that have been received, and if that is insufficient, from profits from the<br>crime that may be received in the future.d.A beneficiary's interest in the profits from the crime must be reduced by the<br>following amount:(1)Money paid to the beneficiary as crime victims reparations under chapter<br>54-23.4 because of the crime for which the felon was convicted.(2)Money paid to the beneficiary by the convicted felon because of a<br>requirement of restitution imposed by a court in connection with the crime<br>for which the felon was convicted.(3)Money paid to the beneficiary because of a judgment against the<br>convicted felon based upon the crime for which the felon was convicted.e.In the case of an unsatisfied existing judgment or order of restitution against the<br>convicted felon and in favor of a beneficiary, any money paid to the beneficiary<br>pursuant to this section must be applied to reduce the amount of the unsatisfied<br>judgment or order.4.If there are two or more beneficiaries and the available profits from the crime are<br>insufficient to pay all beneficiaries, the profits from the crime may be equitably<br>apportioned among the beneficiaries taking into account the impact of the crime<br>upon them. Twenty-five percent of the profits from the crime must be reserved for<br>payment to the beneficiaries.5.a.The attorney general shall bring an action to require profits from the crime<br>received by a convicted felon to be held in an express trust in a bank authorized<br>to act as a trustee.b.An action may be brought under this subdivision within six months after the<br>receipt of profits from the crime by a convicted felon or six months after the<br>date of conviction, whichever is later. The action must be brought in the district<br>court for Burleigh County.Page No. 2c.If the attorney general proves that the profits from the crime are subject to a<br>constructive trust pursuant to this section and that it is more probable than not<br>that there are beneficiaries within the meaning of this section, the court shall<br>order all proceeds deposited in a bank and held by the bank as trustee of the<br>trust until an order of disposition is made by a court pursuant to subsection 4, or<br>until the expiration of the period specified in subsection 2.d.In any action brought pursuant to subsection 4 or 5, upon motion of a party the<br>court shall grant a preliminary injunction to prevent any waste of the profits from<br>the crime, if it appears that the profits from the crime are subject to the<br>provisions of this section and that they may be subject to waste.6.The remedies provided by this section are in addition to other remedies provided by<br>law. No period of limitations, except those provided by this section, limits the right of<br>recovery under this section.7.The offender or any person contracting with an offender shall notify the attorney<br>general at least thirty days before the transfer of any profits from a crime. A person<br>who willfully violates this subsection is guilty of a class A misdemeanor.8.Any contract between a convicted felon or representative of the felon and another<br>person which provides for the payment of profits from a crime other than as provided<br>by this section is void.Page No. 3Document Outlinechapter 32-07.1 crime profits recovery]]>