Criminal forfeiture: Property subject to forfeiture; substitution for unreachable property.
1. If the indictment or information filed regarding a violation of NRS 207.400 alleges that real or personal property was derived from, realized through, or used or intended for use in the course of the unlawful act and the extent of that property:
(a) The jury; or
(b) If the trial is without a jury, the court,
Ê shall, upon a conviction, determine at a separate hearing the extent of the property to be forfeited. If the indictment or information does not include such an allegation, the property is not subject to criminal forfeiture.
2. The property subject to criminal forfeiture pursuant to subsection 1 includes:
(a) Any title or interest acquired or maintained by the unlawful conduct;
(b) Any proceeds derived from the unlawful conduct;
(c) Any property or contractual right which affords a source of influence over any enterprise established, operated, controlled, participated in or conducted in violation of NRS 207.400;
(d) Any position, office, appointment, tenure or contract of employment:
(1) Which was acquired or maintained in violation of NRS 207.400;
(2) Through which the convicted person conducted or participated in the conduct of such unlawful affairs of an enterprise; or
(3) Which afforded him a source of influence or control over the affairs of an enterprise which he exercised in violation of NRS 207.400;
(e) Any compensation, right or benefit derived from a position, office, appointment, tenure or contract of employment that accrued to him during the period of unlawful conduct; and
(f) Any amount payable or paid under any contract for goods or services which was awarded or performed in violation of NRS 207.400.
3. If property which is ordered to be criminally forfeited pursuant to subsection 1:
(a) Cannot be located;
(b) Has been sold to a purchaser in good faith for value;
(c) Has been placed beyond the jurisdiction of the court;
(d) Has been substantially diminished in value by the conduct of the defendant;
(e) Has been commingled with other property which cannot be divided without difficulty or undue injury to innocent persons; or
(f) Is otherwise unreachable without undue injury to innocent persons,
Ê the court shall order the forfeiture of other property of the defendant up to the value of the property that is unreachable.
Last modified: February 25, 2006