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Minnesota Legislature

Office of the Revisor of Statutes

609.905 CRIMINAL FORFEITURE.
    Subdivision 1. Forfeiture. When a person is convicted of violating section 609.903, the
court may order the person to forfeit to the prosecuting authority any real or personal property
subject to forfeiture under this section. Property subject to forfeiture is real and personal property
that was used in the course of, intended for use in the course of, derived from, or realized through
conduct in violation of section 609.903. A court may not order the forfeiture of property that has
been used to pay reasonable attorney fees in connection with a criminal proceeding under section
609.903. The term includes property constituting an interest in or means of control or influence
over the enterprise involved in the violation of section 609.902 and any property constituting
proceeds derived from the violation of section 609.902, including:
(1) a position, office, appointment, tenure, commission, or employment contract that was
acquired or maintained in violation of section 609.903 or through which the person conducted or
participated in the conduct of the affairs of an enterprise in violation of section 609.903 or that
afforded the person a source of influence or control over the affairs of an enterprise that the
person exercised in violation of section 609.903;
(2) any compensation, right, or benefit derived from a position, office, appointment, tenure,
commission, or employment contract described in this section that accrued to the person during
the period of conduct in violation of section 609.903;
(3) any interest in, security of, claim against, or property or contractual right affording the
person a source of influence or control over the affairs of an enterprise that the person exercised
in violation of section 609.903; and
(4) any amount payable or paid under any contract for goods or services that was awarded
or performed in violation of section 609.903.
    Subd. 2. Other property of defendant. The district court may order criminal forfeiture of
any other property of the defendant up to the value of the property that is unreachable if any
property subject to criminal forfeiture under subdivision 1:
(1) cannot be located;
(2) has been sold to a bona fide purchaser for value;
(3) has been placed beyond the jurisdiction of the court;
(4) has been substantially diminished in value by the conduct of the defendant;
(5) has been commingled with other property that cannot be divided without difficulty or
undue injury to innocent persons; or
(6) is otherwise unreachable without undue injury to an innocent person.
History: 1989 c 286 s 9