2C:66-5. Release of funds
5. Release of funds. a. The account holder may, upon notice and motion, have a hearing to contest the freezing of funds or assets and to seek the release of all or part of them.
b. The account holder is entitled to an order releasing all or part of the funds or assets by showing:
(1) that the account holder has posted a bond or other adequate surety, guaranteeing that, upon conviction, adequate funds or assets will be available to pay complete restitution to victims of the alleged offense;
(2) that there does not exist a reasonable suspicion that the account holder has committed or is about to commit the alleged offense;
(3) that the amount of funds or assets frozen is more than is necessary to pay complete restitution to all victims of the alleged offense; or
(4) that the funds or assets should be returned in the interests of justice.
c. It is not grounds for the release of funds or assets that the particular accounts frozen do not contain funds or assets that were proceeds from or used in the commission of the crime of terrorism in violation of section 2 of P.L.2002, c.26 (C.2C:38-2) or soliciting or providing material support or resources for terrorism in violation of section 5 of P.L.2002, c.26 (C.2C:38-5).
L.2003,c.22,s.5.
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