Forfeiture procedures

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  • (a) The Attorney General or United States Attorney, as the case may be, shall dispose of all property ordered forfeited in any criminal proceeding under this chapter as soon as feasible, making due provisions for the rights of innocent persons, by:

    • (1) public sale;

    • (2) transfer to a Territorial governmental agency for official use;

    • (3) sale or transfer to an innocent person;

    • (4) destruction, if the property is not needed for evidence in any pending criminal or civil proceeding.

  • (b) Any interest in personal or real property not exercisable by, or transferable for value by, the Government of the Territory of the Virgin Islands, shall expire and 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 the subject forfeited property from the Government of the Territory of the Virgin Islands.

  • (c) With respect to property ordered forfeited, a fine imposed, or a civil penalty imposed in any criminal or civil proceeding under this chapter, the Superior Court or the United States District Court may, upon petition of the Attorney General or the United States Attorney or any other person authorize:

    • (1) the compromise of claims;

    • (2) the awarding of compensation to persons providing information resulting in a forfeiture under this chapter;

    • (3) the granting of petitions to restore forfeited property or imposed fines to victims of a violation of section 605 [Violations] of this chapter; or

    • (4) the taking of any other action to protect the rights of innocent persons that is in the interest of justice and that is consistent with the purposes of this chapter.

  • (d) The proceeds of any sale or other disposition of forfeited property imposed under this chapter, whether by final judgment, settlement or otherwise, shall be applied as follows:

    • (1) 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 court costs;

    • (2) to all costs and expenses of investigation and prosecution, including costs of resources and personnel incurred in investigation and prosecution; and

    • (3) the balance to the credit of the Virgin Islands Department of Justice for the costs and expenses of investigation and prosecution in the Criminal Activity Investigation and Prosecution Fund established by section 609 [Criminal Activity Investigation and Prosecution Fund] of this chapter.


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