If any of the property described in section 37-2801 , Idaho Code, as a result of any act or omission of the defendant:

1. (1) Cannot be located upon the exercise of due diligence;
2. (2) Has been transferred or sold to, or deposited with, a third party;
3. (3) Has been placed beyond the jurisdiction of the court;
4. (4) Has been substantially diminished in value; or

5. (5) Has been commingled with other property which cannot be divided without difficulty;

   the court shall order the forfeiture of any other property of the defendant up to the value of any property described in section 37-2801, Idaho Code.

[37-2814, added 1996, ch. 230, sec. 1, p. 757.]