Michigan Compiled Laws 328-1931-xxva Chapter Xxva Criminal Enterprises (750.159f...750.159x)

• Section 750.159f Definitions Generally.
  As used in this chapter: (a) “Enterprise” includes an individual, sole proprietorship, partnership, corporation, limited liability company, trust, union, association, governmental unit, or other...
• Section 750.159g "Racketeering" Defined.
  As used in this chapter, "racketeering" means committing, attempting to commit, conspiring to commit, or aiding or abetting, soliciting, coercing, or intimidating a person...
• Section 750.159h “records” Or “documenting Materials” And “substituted Proceeds” Defined.
  As used in this chapter: (a) “Records” or “documentary materials” means a book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer...
• Section 750.159i Prohibited Conduct.
  (1) A person employed by, or associated with, an enterprise shall not knowingly conduct or participate in the affairs of the enterprise directly or...
• Section 750.159j Violation As Felony; Penalties; Imposition Of Costs; Order To Criminally Forfeit Property; Additional Authority Of Court; Conditions For Entering Order Of Criminal Forfeiture; Attorney Fees; Determination Of Extent Of Property; Property Not Reachable; Retention Of Property By Law Enforcement Agency; Disposition Of Money Seized; Seizure; Other Criminal Or Civil Remedies Not Precluded.
  (1) A person who violates section 159i is guilty of a felony punishable by imprisonment for not more than 20 years or a fine...
• Section 750.159k Order Of Criminal Forfeiture; Notice; Hearing To Determine Validity Of Claim Of Property Interest; Petition; Consolidation Of Hearings; Testimony And Evidence; Amendment Of Order.
  (1) Upon the entry of the order of criminal forfeiture pursuant to section 159j, the court shall cause notice of the order to be...
• Section 750.159l Jurisdiction Of Court; Notification Of Persons With Property Interest.
  (1) In a prosecution under section 159i, the court has jurisdiction to enter such restraining orders or injunctions or to take other action by...
• Section 750.159m Property Subject To Civil In Rem Forfeiture; Exceptions; Encumbrances; Attorney Fees.
  (1) Except as otherwise provided in this section, all real, personal, or intangible property of a person convicted of a violation of section 159i...
• Section 750.159n Seizure Of Property Subject To Civil In Rem Forfeiture; Petition; Filing; Personal Or Intangible Property; Determination By Court; Seizure Without Process; Circumstances; Lien Notice Against Real Property; Notice And Hearing Required; Return Of Property To Crime Victim; Exceptions; Custody Of Property By Seizing Agency.
  (1) A civil in rem forfeiture proceeding under this chapter is a proceeding against property subject to forfeiture under section 159m instituted by the...
• Section 750.159o Notice Requirements.
  (1) Within 14 days after personal or intangible property is seized or a lien notice is filed against real property under section 159n, the...
• Section 750.159p Verified Claim Stating Interest In Property Or Proceeds.
  (1) At any time within 28 days after the date of the completion of the publication pursuant to section 159o or within 21 days...
• Section 750.159q Burden Of Proof; Evidence; Return Or Disposal Of Property; Notice; Estoppel From Denial Of Allegations In Civil Trial; Admissibility Of Testimony.
  (1) At the civil in rem forfeiture proceeding, the court shall act as trier of fact. The prosecuting agency has the burden of proving...
• Section 750.159r Sale Of Seized Property By Unit Of Government; Disposal Of Received Money; Order Of Priority; Appointment, Compensation, And Duties Of Receiver.
  (1) If property is criminally or civilly forfeited under this chapter, the unit of government that seized or filed a lien against the property...
• Section 750.159s Commencement Of Action.
  A civil in rem forfeiture action under this chapter related to an offense included in the definition of racketeering or a violation of section...
• Section 750.159t Seizure Of Constitutionally Protected Materials.
  Notwithstanding any provision in this chapter, the prosecuting agency shall not seize materials presumptively protected by the first amendment to the constitution of the...
• Section 750.159u Civil Cause Of Action Not Created By Chapter.
  Except as expressly provided, this chapter does not create a civil cause of action between 2 or more persons. History: Add. 1995, Act 187,...
• Section 750.159v Forfeiture Proceeding Under Other Law Not Precluded.
  This chapter does not preclude a prosecuting agency from pursuing a forfeiture proceeding under any other law of this state. History: Add. 1995, Act...
• Section 750.159w Activities Unrelated To Prohibited Activities Of Enterprise.
  This chapter shall not be construed to permit the termination, suspension, or interruption of the legitimate activities of an enterprise that are unrelated to...
• Section 750.159x Notice Of Proposed Investigation To Attorney General.
  Before conducting an investigation of activity suspected to constitute a violation of section 159i, a prosecuting agency who is the prosecuting attorney of a...

Last modified: October 10, 2016