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MISCELLANEOUS LAWS

395

security interest, or interest under a conditional

sales contract did not know the property was the

object of corrupt business influence or conduct

described in section 2(b) of this chapter, the court

shall determine whether the secured interest is

equal to or in excess of the appraised value of the

property.

(b) Appraised value is to be determined as of

the date of judgment on a wholesale basis by:

(1) agreement between the secured party

and the prosecuting attorney; or

(2) the inheritance tax appraiser for the

county in which the action is brought.

(c) If the amount due to the secured party is

equal to or greater than the appraised value of the

property, the court shall order the property released

to the secured party.

(d) If the amount due the secured party is less

than the appraised value of the property, the holder

of the interest may pay into the court an amount

equal to the owner's equity, which shall be the dif-

ference between the appraised value and the

amount of the lien, mortgage, security interest, or

interest under a conditional sales contract. Upon

payment, the state or unit, or both, shall relinquish

all claims to the property.

34-24-2-6. Action by aggrieved person;

injunction; civil action; jury trial;

action by attorney general, inspec-

tor general or prosecutor.

(a) An aggrieved person may, in addition to

proceeding under section 4 of this chapter, bring

an action for injunctive relief from corrupt busi-

ness influence in a circuit or superior court in the

county of the aggrieved person's residence, or in

a county where any of the affected property or the

affected enterprise is located. If the court finds,

through a preponderance of the evidence, that the

aggrieved person is suffering from corrupt busi-

ness influence, the court shall make an appropri-

ate order for injunctive relief. This order must be

made in accordance with the principles that gov-

ern the granting of injunctive relief from threat-

ened loss or damage in other civil cases, except

that a showing of special or irreparable damage to

the aggrieved person is not required. The court

may order injunctive relief only after the execu-

tion of a bond by the aggrieved person for an

injunction improvidently granted, in an amount

established by the court. In addition, the court

may order a temporary restraining order or a pre-

liminary injunction, but only after a showing of

immediate danger of significant loss or damage to

the aggrieved person.

(b) An aggrieved person may bring an action

against a person who has violated IC 35-45-6-2 in

a circuit or superior court in the county of the

aggrieved person's residence, or in a county where

any of the affected property or the affected enter-

prise is located, for damages suffered as a result

of corrupt business influence. Upon a showing by

a preponderance of the evidence that the aggrieved

person has been damaged by corrupt business

influence, the court shall order the person causing

the damage through a violation of IC 35-45-6-2 to

pay to the aggrieved person:

(1) an amount equal to three (3) times the

person's actual damages;

(2) the costs of the action;

(3) a reasonable attorney's fee; and

(4) any punitive damages awarded by the

court and allowable under law.

(c) The defendant and the aggrieved person are

entitled to a trial by jury in an action brought

under this section (or IC 34-4-30.5-5 before its

repeal).

(d) In addition to any rights provided under

section 4 of this chapter, an aggrieved person has

a right or claim to forfeited property or to the

proceeds derived from forfeited property superior

to any right or claim the state has in the same prop-

erty or proceeds.

(e) If the state is an aggrieved person, the

attorney general and the inspector general have

concurrent jurisdiction with the prosecuting attor-

ney to bring an action under this section.

34-24-2-7. Collateral estoppel.

In any action brought under this chapter (or IC

34-4-30 before its repeal), the principle of collat-

eral estoppel operates to bar relitigation of the

issues previously determined in a criminal pro-

ceeding under IC 35-45-6-2.

34-24-2-8. Retention of attorney by

prosecutor or inspector general.