(a) Any person convicted of conduct constituting a violation of any provision of section 605 [Violations] of this chapter shall be guilty of a felony and may be fined not more than $500,000.00 or imprisoned not more than 15 years, or both.
(b) In lieu of the fine authorized by subsection (a) of this section, any person convicted of conduct constituting a violation of any provision of section 605 [Violations], through which he derived pecuniary value, or by which he caused personal injury, not including pain and suffering, or property damage or other loss, may be sentenced to pay a fine that does not exceed three times the gross value gained, or three times the gross loss caused, whichever is greater, plus court costs and the costs of investigation and prosecution reasonably incurred, less the value of any property ordered forfeited under this chapter, notwithstanding the fact that such amount may be greater than $500,000. The trial court shall hold a hearing to determine the amount of the fine authorized by this subsection.
(c) Any person convicted of conduct constituting a violation of any of the provisions of section 605 [Violations], may be required to criminally forfeit, according to the procedures established in subsection (d) of this section, to the Government of the Territory of the Virgin Islands, any real or personal property used in the course of, intended for use in the course of, derived from, or realized through, conduct in violation of section 605, including any property constituting an interest in, or means of control or influence over, the enterprise involved in the conduct in violation of section 605 or any property constituting proceeds derived from the conduct in violation of section 605, including:
(1) any position, office, appointment, tenure, commission, or employment contract of any kind that he acquired or maintained in violation of section 605, or through which he conducted or participated in the conduct of the affairs of an enterprise in violation of section 605, or that afforded him a source of influence or control over the affairs or enterprise that he exercised in violation of section 605;
(2) any compensation, right, or benefit derived from a position, office, appointment, tenure, commission, or employment contract described in this section that accrued to him during the period of conduct in violation of section 605;
(3) any interest in, security of, claim against, or property or contractual right affording him a source of influence or control over the affairs of an enterprise that he exercised in violation of section 605; or
(4) any amount payable or paid under any contract for goods or services that was awarded or performed in violation of section 605.
(d) A judgment of criminal forfeiture may not be entered unless the information alleges, to the extent practicable, the nature and extent of the property subject to forfeiture. The allegations within the information as to the nature and extent of the property subject to forfeiture may be amended by the Attorney General or the United States Attorney, as the case may be, at any time prior to trial. If such an amendment is made, the trial court shall grant any party who then requests a continuance of trial such additional time as to the court shall seem just and reasonable.
(1) If the information alleges that property is subject to criminal forfeiture, a special verdict, as previously defined herein, shall be returned by the trial court as to the extent of the property, if any, subject to forfeiture.
(2) When a verdict contains a finding of property subject to a criminal forfeiture, a judgment of criminal forfeiture shall be entered.
(e) If any property included in a special verdict of criminal forfeiture:
(1) cannot be located;
(2) has been sold to a bona fide purchaser for value;
(3) has been placed beyond the jurisdiction of the court;
(4) has been substantially diminished in value by the conduct of the defendant;
(5) has been commingled with other property that cannot be divided without difficulty or undue injury to innocent persons; or
(6) is otherwise unreachable without undue injury to innocent persons the trial court may order forfeiture of any other property of the defendant up to the value of the property that is unreachable.
(f) Upon the filing of an information, the trial court, after a hearing with respect to which any person who will be affected, and who is known to the prosecuting authority filing the information, has been given reasonable notice and opportunity to participate, but at which the usual rules of evidence shall not apply, may, based on the information:
(1) enter a restraining order or injunction;
(2) require the execution of a performance bond, except that the Government of the Virgin Islands shall under no circumstances be required to execute any such bond; or
(3) take any other action including, but not limited to, the appointment of a receiver, that the Attorney General or United States Attorney shows by a preponderance of the evidence is necessary to preserve the reachability of property alleged to be subject to criminal forfeiture.
(g) If no information has been filed, the Attorney General or United States Attorney, in addition to the showing otherwise specified by this section, shall similarly show that:
(1) there is probable cause to believe that the property with respect to which the order is sought would, in the event of a conviction, be subject to criminal forfeiture under this section; and that
(2) the requested order would not result in substantial and irreparable harm or injury to the party against whom the order is to be entered that outweighs the need to preserve the reachability of the property.
No order so entered shall be effective for more than 90 days unless it is extended by the court for good cause shown or unless an information is filed alleging that the property is subject to forfeiture.(h) Upon application by the Attorney General or United States Attorney, a temporary restraining order to preserve the reachability of property subject to criminal forfeiture under this section of this chapter shall be granted without the requirement of notice to any party if:
(1) an information alleging that property is subject to criminal forfeiture has been filed or if the appropriate court of competent jurisdiction determines that there is probable cause to believe that property with respect to which the order sought would, in the event of a conviction, be subject to criminal forfeiture under this section;
(2) the property is in the possession or control of the party against whom the order is to be entered; and
(3) the Superior Court or the United States District Court, as the case may be, determines that the nature of the property is such that it can be disposed of or placed beyond its jurisdiction before any party may be heard in opposition.
A temporary restraining order granted without notice to any party under this section shall expire within such time, not to exceed 60 days, as the court which issues such order shall fix, unless extended for good cause shown, or unless the party against whom it is entered consents to an extension for a longer period. If a temporary restraining order is granted under this section without notice to any party, a hearing concerning the entry of an order under this section shall be held at the earliest practicable time and prior to the expiration of the temporary order.(i) Following the entry of a judgment that includes a fine or an order of criminal forfeiture, or both under this section, the trial court may take such action as shall seem just and proper in order to protect the interests of the Government of the Territory of the United States Virgin Islands or an innocent party or parties; including, but not limited to, entering a restraining order or injunction, requiring the execution of a satisfactory performance bond, or appointing a receiver.
(j) An order of criminal forfeiture entered under this section shall authorize the Attorney General or the United States Attorney, as the case may be, to seize the property declared forfeited under this section, upon such terms and conditions, relating to the time and manner of seizure, as the trial court shall deem proper. The Attorney General or United States Attorney shall direct the disposition of the property in accordance with the provisions of section 608 [Forfeiture procedures] of this chapter.
(k) Fines collected under this section shall be applied to the costs and expenses of investigation and prosecution, including cost of resources and personnel incurred in investigation and prosecution, and the balance, if any, shall be deposited into the Criminal Activity Investigation and Prosecution Fund established under section 609 of this chapter.
(l) Criminal penalties and fines under this section are supplemental and not mutually exclusive, except where so designated, and shall not preclude the application of any other criminal or civil remedy under this chapter or under any other provision of law.
(m) In any settlement discussions or prior to the imposition of any sentence hereunder, the Attorney General or United States Attorney shall, in addition to any other appropriate matter, vigorously advocate full and complete restitution to any aggrieved person, and the trial court, prior to the acceptance of a plea or after a verdict, but prior to the imposition of any sentence under this chapter, shall not consider any matter in mitigation until full and complete restitution has been duly effected or a satisfactory explanation of why such restitution is impractical has been made to the court.