Terms Used In Kansas Statutes 21-6330
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Property: includes personal and real property. See Kansas Statutes 77-201
- real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) Any district court may, after making due provision for the rights of innocent persons, enjoin violations of the provisions of K.S.A. 2018 Supp. 21-6329, and amendments thereto, by issuing appropriate orders and judgments, including, but not limited to:
(1) Ordering any defendant to divest such defendant of any interest in any enterprise, including real property.
(2) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which the defendant was engaged in violation of the provisions of K.S.A. 2018 Supp. 21-6329, and amendments thereto.
(3) Ordering the dissolution or reorganization of any enterprise.
(4) Ordering the suspension or revocation of a license, permit, or prior approval granted to any enterprise by any agency of the state.
(5) 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 the state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of K.S.A. 2018 Supp. 21-6329, and amendments thereto, and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked.
(b) All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of a provision of the Kansas racketeer influenced and corrupt organization act is subject to civil forfeiture pursuant to the Kansas standard asset seizure and forfeiture act, K.S.A. 60-4101 et seq., and amendments thereto.