A. Upon approval of the district court, the Attorney General or district attorney shall dispose of all property ordered forfeited in any criminal proceeding pursuant to the provisions of the Oklahoma Corrupt Organizations Prevention Act as soon as feasible, making due provisions for the rights of innocent parties, by:
- 1. Public sale;
- 2. Transfer to a state, county or local governmental agency for official use;
- 3. Sale or transfer to an innocent party; or
- 4. Destruction, if the property is not needed for evidence in any pending criminal or civil proceeding.
- B. Any property right not exercisable by, or transferable for value to the state shall not revert to the defendant. No defendant or any person acting in concert with him or on his behalf shall be eligible to purchase forfeited property from the state.
C. With respect to property ordered forfeited in any criminal proceeding pursuant to the provisions of the Oklahoma Corrupt Organizations Prevention Act, the Attorney General, district attorney or other prosecutorial officer designated by the Attorney General is authorized to:
- 1. Compromise claims;
- 2. Award compensation to persons providing information resulting in a forfeiture pursuant to the provisions of the Oklahoma Corrupt Organizations Prevention Act; and
- 3. Petition the court to mitigate or remit a forfeiture or to restore forfeited property to victims of a violation of Section 3 of the Oklahoma Corrupt Organizations Prevention Act.
D. The proceeds of any sale or other disposition of forfeited property imposed pursuant to the Oklahoma Corrupt Organizations Prevention Act shall be applied as follows:
- 1. To a bona fide innocent purchaser, conditional sales vendor, or mortgagee of the forfeited property up to the amount of his interest in the forfeited property;
- 2. To the fees and costs of the forfeiture and sale, including expenses of seizure, maintenance, and custody of the property pending its disposition, advertising, and the court costs;
- 3. To all costs and expenses of investigation and prosecution, including costs of resources and personnel incurred in investigation and prosecution; and
- 4. The balance to the credit of the Attorney General, district attorney, or law enforcement agencies in such proportions as are represented by the costs and expenses of investigation and prosecution as provided in the Oklahoma Corrupt Organizations Prevention Act.
Added by Laws 1988, SB 127, c. 131, § 10, eff. November 1, 1988.