Injunctive relief from corrupt business influence; action by
prosecuting attorney
Sec. 1. The prosecuting attorney in a county in which the violation
occurs may bring an action under this section to enjoin a violation of
IC 35-45-6-2 (corrupt business influence). An action under this
section may be brought in any circuit or superior court in a county in
which the violation occurs. If the court finds by a preponderance of
the evidence that a violation of IC 35-45-6-2 has occurred, the court
may:
(1) order a defendant to divest the defendant of any interest in
any enterprise or property;
(2) impose reasonable restrictions upon the future activities or
investments of a defendant, including prohibiting a defendant
from engaging in the same type of endeavor as the enterprise in
which the defendant was engaged in violation of IC 35-45-6-2;
(3) order the dissolution or reorganization of any enterprise;
(4) order the suspension or revocation of a license, permit, or
prior approval granted to any enterprise by any agency of the
state;
(5) order the forfeiture of the charter of a corporation organized
under the laws of Indiana, or the revocation of a certificate
authorizing a foreign corporation to conduct business within the
state, upon finding that:
(A) the board of directors or a managerial agent acting on
behalf of the corporation, in conducting the affairs of the
corporation, has authorized or engaged in conduct in
violation of IC 35-45-6-2; and
(B) for the prevention of future criminal activity, the public
interest requires the charter of the corporation be forfeited
and the corporation dissolved or the certificate revoked; and
(6) make any other order or judgment that the court considers
appropriate.
In any order or judgment made by the court under this section, the
judge shall make due provision for the rights of innocent persons,
including a person having any rights, title, or interest of record in any
of the property.
As added by P.L.1-1998, SEC.19.
Last modified: May 24, 2006