Sec. 6. (a) This section applies if the department has reasonable suspicion that money in a confined person’s account was derived from the commission of fraud under IC 35-43-5-4(b)(6).

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Terms Used In Indiana Code 11-11-2-6

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Conviction: A judgement of guilt against a criminal defendant.
  • Fraud: Intentional deception resulting in injury to another.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
     (b) If the department has reasonable suspicion that money in a confined person’s account was derived from the commission of fraud, the department may freeze all or a part of the confined person’s account for not more than one hundred eighty (180) days while the department conducts an investigation to determine whether money in the confined person’s account derives from fraud. If the department freezes the account of a confined person under this subsection, the department shall notify the confined person in writing.

     (c) If the department’s investigation reveals that no money in the confined person’s account was derived from fraud, the department shall unfreeze the account at the conclusion of the investigation.

     (d) If the department’s investigation reveals that money in the confined person’s account may have been derived from the commission of fraud, the department shall notify the prosecuting attorney of the results of the department’s investigation.

     (e) If the prosecuting attorney charges the confined person with fraud, the department shall freeze the confined person’s account until the case reaches final judgment.

     (f) If the prosecuting attorney does not charge the confined person with fraud, or if the confined person is acquitted of the charge of fraud, the department shall unfreeze the confined person’s account.

     (g) If the confined person is convicted of fraud, the department, in consultation with the prosecuting attorney, shall locate the money or property derived from fraud and return it to the rightful owner.

     (h) If, ninety (90) days after the date of a confined person’s conviction for fraud, the department has located the money or property derived from the commission of fraud but is unable to return the money to the rightful owner, the department shall deposit the money in the violent crime victims compensation fund established by IC 5-2-6.1-40.

As added by P.L.81-2008, SEC.4. Amended by P.L.174-2021, SEC.7.

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