Action of aggrieved person for injunctive relief and damages from
corrupt business influence; jury trial; right to forfeited property;
state as aggrieved person
Sec. 6. (a) An aggrieved person may, in addition to proceeding
under section 4 of this chapter, bring an action for injunctive relief
from corrupt business influence in a circuit or superior court in the
county of the aggrieved person's residence, or in a county where any
of the affected property or the affected enterprise is located. If the
court finds, through a preponderance of the evidence, that the
aggrieved person is suffering from corrupt business influence, the
court shall make an appropriate order for injunctive relief. This order
must be made in accordance with the principles that govern the
granting of injunctive relief from threatened loss or damage in other
civil cases, except that a showing of special or irreparable damage to
the aggrieved person is not required. The court may order injunctive
relief only after the execution of a bond by the aggrieved person for
an injunction improvidently granted, in an amount established by the
court. In addition, the court may order a temporary restraining order
or a preliminary injunction, but only after a showing of immediate
danger of significant loss or damage to the aggrieved person.
(b) An aggrieved person may bring an action against a person who
has violated IC 35-45-6-2 in a circuit or superior court in the county
of the aggrieved person's residence, or in a county where any of the
affected property or the affected enterprise is located, for damages
suffered as a result of corrupt business influence. Upon a showing by
a preponderance of the evidence that the aggrieved person has been
damaged by corrupt business influence, the court shall order the
person causing the damage through a violation of IC 35-45-6-2 to pay
to the aggrieved person:
(1) an amount equal to three (3) times the person's actual
damages;
(2) the costs of the action;
(3) a reasonable attorney's fee; and
(4) any punitive damages awarded by the court and allowable
under law.
(c) The defendant and the aggrieved person are entitled to a trial
by jury in an action brought under this section (or IC 34-4-30.5-5
before its repeal).
(d) In addition to any rights provided under section 4 of this
chapter, an aggrieved person has a right or claim to forfeited property
or to the proceeds derived from forfeited property superior to any
right or claim the state has in the same property or proceeds.
(e) If the state is an aggrieved person, the attorney general and the
inspector general have concurrent jurisdiction with the prosecuting
attorney to bring an action under this section.
As added by P.L.1-1998, SEC.19. Amended by P.L.222-2005,
SEC.44.
Last modified: May 24, 2006