809A.15 Substituted assets — supplemental remedies.
1. The court shall order the forfeiture of any other property of a person, including a claimant, up to the value of that person’s property found by the court to be subject to forfeiture under this chapter, if the prosecuting attorney proves by clear and convincing evidence that any of the following applies to the person’s forfeitable property:
a. The forfeitable property cannot be located.
b. The forfeitable property has been transferred or conveyed to, sold to, or deposited with a third party.
c. The forfeitable property is beyond the jurisdiction of the court.
d. The forfeitable property has been substantially diminished in value while not in the actual physical custody of the court, the seizing agency, the prosecuting attorney, or their designee.
e. The forfeitable property has been commingled with other property that cannot be divided without difficulty.
f. The forfeitable property is subject to any interest of another person which is exempt from forfeiture under this chapter.
2. a. The prosecuting attorney may institute a civil action in district court against any person with notice or actual knowledge who destroys, conveys, encumbers, removes from the jurisdiction of the court, conceals, or otherwise renders unavailable property alleged to be subject to forfeiture if either of the following applies:
(1) A forfeiture lien or notice of pending forfeiture has been filed and notice given pursuant to section 809A.8.
(2) A complaint pursuant to section 809A.13 alleging conduct giving rise to forfeiture has been filed and notice given pursuant to section 809A.8.
b. The court shall enter a final judgment in an amount equal to the value of the lien not to exceed the fair market value of the property, or if a lien does not exist, in an amount equal to the fair market value of the property, together with reasonable investigative expenses and attorney fees.
c. If a civil proceeding under this chapter is pending in court, the action shall be heard by that court.
96 Acts, ch 1133, §15; 2017 Acts, ch 114, §12, 15
Referred to in §809A.4, 809A.8
2017 amendment to subsection 1, unnumbered paragraph 1, applies to forfeiture proceedings that begin on or after July 1, 2017; 2017 Acts, ch 114, §15
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