TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 78

RACKETEERING ACT

18-7805.  Racketeering — Civil remedies. (a) A person who sustains injury to his person, business or property by a pattern of racketeering activity may file an action in the district court for the recovery of three (3) times the actual damages proved and the cost of the suit, including reasonable attorney’s fees.

(b)  The state, through the attorney general or the proper county prosecuting attorney, may file an action on behalf of those persons injured or to prevent, restrain or remedy racketeering as defined by the racketeering act.

(c)  The district court has jurisdiction to prevent, restrain and remedy racketeering after making provisions for the rights of all innocent persons affected by such violation and after hearing or trial, as appropriate, by issuing appropriate orders. Prior to a determination of liability, such orders may include, but are not limited to, entering restraining orders or prohibitions or taking such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to damages, forfeiture or other restraints pursuant to this section as it deems proper.

(d)  Following a determination of liability, such orders may include, but are not limited to:

(1)  Ordering any person to divest himself of any interest, direct or indirect, in any enterprise;

(2)  Imposing reasonable restrictions on the future activities or investments of any person;

(3)  Ordering dissolution or reorganization of any enterprise;

(4)  Ordering the payment of three (3) times the damages proved to those persons injured by racketeering;

(5)  Ordering the suspension or revocation of a license, permit or prior approval granted to any enterprise by any agency of the state;

(6)  Ordering the forfeiture of the charter of a corporation organized under the laws of the state or the revocation of a certificate authorizing a foreign corporation to conduct business within this state; and

(7)  Ordering the payment of all costs and expenses of the prosecution and investigation of any offense included in the definition of racketeering incurred by a municipal, county or state government agency to the agency incurring the costs or expenses.

History:

[18-7805, added 1981, ch. 219, sec. 1, p. 409; am. 1998, ch. 111, sec. 1, p. 415.]