In Nevada, if an individual is found guilty of a racketeering crime, Nevada Law provides a list of property that can be forfeited if any property was derived from, through, or used or intended for use in the course of the racketeering activity. This includes title to property, proceeds, property or contractual rights, or positions or offices.
In Nevada, Nev. Rev. Stat. § 207.400 makes it a crime to use or invest any proceeds derived from racketeering activity to obtain property, interest, employment, or anything of value. The specific statutory language of Nev. Rev. Stat. § 207.360 defines “crimes related to racketeering”:
“Crime related to racketeering” means the commission of, attempt to commit or conspiracy to commit any of the following crimes:
Any property that is derived from the proceeds of the racketeering activity at issue is subject to criminal forfeiture under Nevada law. If that property cannot be reached, the court can order other property of the defendant to be forfeited.
The specific statutory language of Nev. Rev. Stat. § 207.420 provides:
(a) The jury; or
(b) If the trial is without a jury, the court,
shall, upon a conviction, determine at a separate hearing the extent of the property to be forfeited. If the indictment or information does not include such an allegation, the property is not subject to criminal forfeiture.
(a) Any title or interest acquired or maintained by the unlawful conduct;
(b) Any proceeds derived from the unlawful conduct;
(c) Any property or contractual right which affords a source of influence over any enterprise established, operated, controlled, participated in or conducted in violation of NRS 207.400;
(d) Any position, office, appointment, tenure or contract of employment;
(1) Which was acquired or maintained in violation of NRS 207.400;
(2) Through which the convicted person conducted or participated in the conduct of such unlawful affairs of an enterprise; or
(3) Which afforded the convicted person a source of influence or control over the affairs of an enterprise which the convicted person exercised in violation of NRS 207.400;
(e) Any compensation, right or benefit derived from a position, office, appointment, tenure or contract of employment that accrued to the convicted person during the period of unlawful conduct; and
(f) Any amount payable or paid under any contract for goods or services which was awarded or performed in violation of NRS 207.400.
(3) If the property which is ordered to be criminally forfeited pursuant to subsection 1:
(a) Cannot be located;
(b) Has been sold to a purchaser in good faith for value;
(c) Has been placed beyond the jurisdiction of the court;
(d) Has been substantially diminished in value by the conduct of the defendant;
(e) Has been commingled with other property which cannot be divided without difficulty or undue injury to innocent persons; or
(f) Is otherwise unreachable without undue injury to innocent persons,
the court shall order the forfeiture of other property of the defendant up to the value of the property that is unreachable.
If you or a family member has been charged with a crime in or around Las Vegas, you need to be proactive in protecting your rights. You can accomplish this by retaining the services of a skilled and experienced Las Vegas criminal defense attorney. You should also make sure your case is handled by a seasoned lawyer who exclusively deals with criminal cases in Las Vegas, Nevada. Take action today by contacting LV Criminal Defense. Our legal team is fully capable of representing clients in the smallest misdemeanor cases and the most serious felony cases. Call 702-623-6362 or fill out a quick contact form here.