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MISCELLANEOUS LAWS

393

section to enjoin a violation of IC 35-45-6-2 (cor-

rupt 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 evi-

dence that a violation of IC 35-45-6-2 has

occurred, the court may:

(1) order a defendant to divest the defen-

dant of any interest in any enterprise or

property;

(2) impose reasonable restrictions upon

the future activities or investments of a

defendant, including prohibiting a defen-

dant 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 con-

duct business within the state, upon find-

ing that:

(A) the board of directors or a mana-

gerial 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 crimi-

nal activity, the public interest requires

the charter of the corporation be for-

feited 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.

34-24-2-2. Forfeiture action by prosecutor or

inspector general; court order.

(a) The prosecuting attorney in a county in

which any of the property is located may bring an

action for the forfeiture of any property:

(1) used in the course of;

(2) intended for use in the course of;

(3) derived from; or

(4) realized through;

conduct in violation of IC 35-45-6-2.

(b) The inspector general may bring an action

for forfeiture in accordance with IC 4-2-7-6 in a

county where property that is:

(1) derived from; or

(2) realized through;

misfeasance, malfeasance, nonfeasance, misap-

propriation, fraud, or other misconduct that has

resulted in a financial loss to the state is located.

(c) An action for forfeiture may be brought in

any circuit or superior court in a county in which

any of the property is located.

(d) Upon a showing by a preponderance of the

evidence that:

(1) property described in subsection (a)

was used in the course of, intended for

use in the course of, derived from, or real-

ized through conduct in violation of IC

35-45-6-2; or

(2) property described in subsection (b)

was derived from or realized through con-

duct described in subsection (b);

the court shall, subject to the right, title, or inter-

est of record of any other party in the property

determined under section 4 of this chapter, order

the property forfeited to the state and specify the

manner of disposition of the property, including

the manner of disposition if the property is not

transferable for value.

(e) The court shall order forfeitures and dis-

positions under this section:

(1) with due provision for the rights of

innocent persons; and

(2) as provided under section 4 of this

chapter.

34-24-2-3. Procedures for seeking seizure.

When an action is filed under section 2 of

this chapter, the prosecuting attorney or the inspec-