Definitions

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  • As used in this chapter:
    • (a) “Alien corporation” means a corporation organized under laws other than the laws of the United States, the laws of any state of the United States, or the laws of the Territory of the Virgin Islands.

    • (b) “Attorney General” means the Attorney General of the Virgin Islands, and/or any duly authorized Assistant Attorney General, or other duly authorized attorney employed by the Virgin Islands Department of Justice.

    • (c) “Beneficial interest” includes:

      • (1) the interest of a person as beneficiary under a trust in which the trustee of the trust holds legal or record title to personal or real property;

      • (2) the interest of a person as beneficiary under any other trust arrangement under which any other person holds legal or record title to personal or real property for the benefit of such other person; or

      • (3) the interest of a person under any other form of express judiciary arrangement under which any other person holds legal or record title to personal or real property for the benefit of such person.

        The term “beneficial interest” does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or a limited partnership.
    • (d) “Civil proceeding” means any civil proceeding begun under this chapter.

    • (e) “Criminal activity” means engaging in, attempting to engage in, conspiring to engage in, or soliciting, coercing, or intimidating another person to engage in the crimes, offenses, violations or the prohibited conduct as variously described in the laws governing this jurisdiction including any Federal criminal law, the violation of which is a felony and, in addition, those crimes, offenses, violations or prohibited conduct as found in the Virgin Islands Code as follows:

      • (1) Title 3, chapter 25, Virgin Islands Code, relating to false testimony;

      • (2) Title 5, chapter 343, Virgin Islands Code, relating to electronic surveillance;

      • (3) Title 9, chapter 9, Virgin Islands Code, relating to foreign banks;

      • (4) Title 9, chapter 11, Virgin Islands Code, relating to banking transfers and conduct;

      • (5) Title 9, chapter 15, Virgin Islands Code, relating to loans;

      • (6) Title 9, chapter 17, Virgin Islands Code, relating to disclosure of finance charges;

      • (7) Title 11, chapter 29, Virgin Islands Code, relating to monopolies and restraint of trade;

      • (8) Title 14, chapter 11, Virgin Islands Code, relating to arson and other burning of property;

      • (9) Title 14, chapter 19, Virgin Islands Code, relating to bribery and graft;

      • (10) Title 14, chapter 21, Virgin Islands Code, relating to burglary;

      • (11) Title 14, chapter 23, Virgin Islands Code, relating to children;

      • (12) Title 14, chapter 30, Virgin Islands Code, relating to criminally influenced and corrupt organizations;

      • (13) Title 14, chapter 33, Virgin Islands Code, relating to escape and rescue;

      • (14) Title 14, chapter 35, Virgin Islands Code, relating to extortion, oppression, and threats;

      • (15) Title 14, chapter 39, Virgin Islands Code, relating to forgery and counterfeiting;

      • (16) Title 14, chapter 41, Virgin Islands Code, relating to fraud and false statements;

      • (17) Title 14, chapter 45, Virgin Islands Code, relating to homicide;

      • (18) Title 14, chapter 53, Virgin Islands Code, relating to kidnapping;

      • (19) Title 14, chapter 55, Virgin Islands Code, relating to larceny and embezzlement;

      • (20) Title 14, chapter 57, Virgin Islands Code, relating to letters and messages;

      • (21) Title 14, chapter 61, Virgin Islands Code, relating to lotteries, gambling, and betting;

      • (22) Title 14, chapter 63, Virgin Islands Code, relating to malicious mischief;

      • (23) Title 14, chapter 67, Virgin Islands Code, relating to mayhem;

      • (24) Title 14, chapter 69, Virgin Islands Code, relating to vehicle auto theft;

      • (25) Title 14, chapter 75, Virgin Islands Code, relating to obstruction of justice;

      • (26) Title 14, chapter 77, Virgin Islands Code, relating to perjury;

      • (27) Title 14, chapter 81, Virgin Islands Code, relating to prostitution and related offenses;

      • (28) Title 14, chapter 83, Virgin Islands Code, relating to public officers and employees;

      • (29) Title 14, chapter 89, Virgin Islands Code, relating to records, documents, and reports;

      • (30) Title 14, chapter 93, Virgin Islands Code, relating to robbery;

      • (31) Title 14, chapter 95, Virgin Islands Code, relating to sabotage;

      • (32) Title 14, chapter 105, Virgin Islands Code, relating to stolen property;

      • (33) Title 14, chapter 113, Virgin Islands Code, relating to carrying or using dangerous weapons;

      • (34) Title 14, chapter 117, Virgin Islands Code, relating to credit cards;

      • (35) Title 18, chapter 27, Virgin Islands Code, relating to election offenses;

      • (36) Title 19, chapter 29, Virgin Islands Code, relating to controlled substances;

      • (37) Title 33, chapter 45, Virgin Islands Code, relating to offenses and forfeitures under Taxation and Finance;

      • (38) Any conspiracy to commit any violation of the laws of this Territory relating to the crimes specifically enumerated above.

    • (f) “Criminal activity lien” means the notice under section 610 of this chapter.

    • (g) “Criminal proceeding” means any criminal proceeding begun under this chapter.

    • (h) “Enterprise” includes any individual, sole proprietorship, partnership, corporation, trust, or other legal entity, or any union, association or group of persons, associated in fact although not a legal entity, and includes illicit as well as licit enterprises and governmental as well as other entities.

    • (i) “Innocent party” includes bona fide purchasers and victims.

    • (j) “Pattern of criminal activity” means two or more occasions of conduct

      • (1) that:

        • (A) constitute criminal activity;

        • (B) are related to the affairs of the enterprise; and

        • (C) are not isolated; and

      • (2) where:

        • (A) at least one of the occasions of conduct occurred after November 9, 1990;

        • (B) the last of the occasions of conduct occurred within five years of the filing of the action under this chapter, or within the relevant period within the Statute of Limitations as provided in section 3541 of Title 5, Virgin Islands Code, if such statutory period shall be greater than five years; excluding any period of imprisonment served by any person engaging in the conduct, after a prior occasion of conduct; and

        • (C) for the purposes of section 606 [Criminal penalties] of this chapter, but not section 607 [Civil remedies] of this chapter, at least one of the occasions of conduct constituted a felony under the Virgin Islands Code, or, if committed subject to the jurisdiction of the United States, or any state of the United States, would constitute a felony under the Virgin Islands Code if committed in the Territory of the Virgin Islands.

    • (k) “Pecuniary value” means:

      • (1) anything of value in the form of money, a negotiable instrument, or a commercial interest, or anything else, the primary significance of which is economic advantage; or

      • (2) any property or service that has a value in excess of $100.

    • (l) “Person” means any individual or entity holding or capable of holding a legal or beneficial interest in property.

    • (m) “Personal property” includes any personal property, or any interest in such personal property, or any right, including bank accounts, debts, corporate stocks, patents, or copyrights. Personal property and beneficial interest in personal property shall be deemed to be located where the trustee is located, where the personal property is located, or the instrument evidencing the right is located.

    • (n) “Principal” means a person who himself engages in conduct constituting a violation, or a person who is accountable as a “principal” under Title 14, chapter 1, section 11 of the Virgin Islands Code, for the conduct of another which conduct constitutes a violation.

    • (o) “Real property” means any real property or any interest in real property, including any lease of, or mortgage upon, real property. Real property and beneficial interest in real property shall be deemed to be located where the real property is located.

    • (p) “Special verdict” shall have its ordinary meaning, except that for the purposes of any proceeding brought under this chapter, all such special verdicts shall be rendered separately by the trial court, immediately after any verdict rendered by the jury, if any.

    • (q) “United States Attorney” includes any United States Attorney, or any duly authorized Assistant United States Attorney.

    • (r) “Trustee” includes:

      • (1) any person acting as a trustee under a trust in which the trustee holds legal or record title to personal or real property; or

      • (2) any person who holds legal or record title to personal or real property, for which any other person has a beneficial interest; or

      • (3) any successor trustee.

        The term “trustee” does not include an assignee or trustee for an insolvent debtor, a guardian under the Veterans' Guardianship Act, or an executor, administrator, administrator with will annexed, testamentary trustee, conservator, guardian or committee, appointed by, or under the control of, or accountable to, a court.
    • (s) The word “he” shall include the female as well as the male gender.


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