N.C. Gen. Stat. § 75D-1
Short title
Short title. This Chapter shall be known and may be cited as the North Carolina Racketeer Influenced and Corrupt Organizations Act (RICO). (1985 (Reg. Sess., 1986), c. 999, s. 1.)
North Carolina General Statutes Chapter 75D — Chapter 75D.
North Carolina · statute · N.C. Gen. Stat. ch. 75D · 14 active provisions
N.C. Gen. Stat. § 75D-2
Findings and intent of General Assembly
Findings and intent of General Assembly. (a) The General Assembly finds that a severe problem is posed in this State by the increasing organization among certain unlawful elements and the increasing extent to which organized unlawful activities and funds acquired as a result of organized unlawful activity are being dir…
N.C. Gen. Stat. § 75D-3
Definitions
Definitions. The following definitions apply in this Chapter: (1) Attorney General. - The Attorney General of North Carolina or any employee of the Department of Justice designated by the Attorney General in writing. Any district attorney of this State, with the Attorney General's consent, may be designated in writing…
N.C. Gen. Stat. § 75D-4
Prohibited activities
Prohibited activities. (a) No person shall: (1) Engage in a pattern of racketeering activity or, through a pattern of racketeering activities or through proceeds derived therefrom, acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property, or personal property of any natur…
N.C. Gen. Stat. § 75D-5
RICO civil forfeiture proceedings
RICO civil forfeiture proceedings. (a) All property of every kind used or intended for use in the course of, derived from, or realized through a racketeering activity or pattern of racketeering activity is subject to forfeiture to the State. Forfeiture shall be had by a civil procedure known as a RICO forfeiture procee…
N.C. Gen. Stat. § 75D-6
Power to compel examination
Power to compel examination. Whenever the Attorney General has reason to believe that any person or enterprise may have information or may be in possession, custody or control of any documentary materials relevant to an activity prohibited under G.S. 75D-4, he may issue in writing, and cause to be served upon such pers…
N.C. Gen. Stat. § 75D-7
False testimony
False testimony. False testimony as to any material fact by any person examined under the provisions of this Chapter shall constitute perjury and a conviction shall be punishable as in other cases of perjury as a Class F felony. (1985 (Reg. Sess., 1986), c. 999, s. 1; 1993, c. 539, s. 1286; 1994, Ex. Sess., c. 24, s. 1…
N.C. Gen. Stat. § 75D-8
Available RICO civil remedies
Available RICO civil remedies. (a) As part of a final judgment of forfeiture, any judge of the superior court may, after giving reasonable notice to potential innocent claimants, enjoin violations of G.S. 75D-4, by issuing one or more of the following orders and judgments: (1) Ordering a defendant to divest oneself of…
N.C. Gen. Stat. § 75D-9
Period of limitations as to civil proceedings under this Chapter
Period of limitations as to civil proceedings under this Chapter. Notwithstanding any other provision of law, a civil action or proceeding under this Chapter may be commenced within five years after the conduct in violation of a provision of this Chapter terminates or the claim for relief accrues, whichever is later. I…
N.C. Gen. Stat. § 75D-10
Civil remedies are supplemental and not mutually exclusive
Civil remedies are supplemental and not mutually exclusive. The application of one civil remedy under this Chapter shall not preclude the application of any other remedy under this Chapter or any other provision of law. Civil remedies under this Chapter are cumulative, supplemental and not exclusive, and are in additio…
N.C. Gen. Stat. § 75D-11
Reciprocal agreements with other states
Reciprocal agreements with other states. The Attorney General is authorized to enter into reciprocal agreements with any United States attorney or the attorney general or chief prosecuting attorney of any other state having a civil forfeiture law substantially similar to this Chapter so as to further the purpose of thi…
N.C. Gen. Stat. § 75D-12
Venue
Venue. In any forfeiture action brought pursuant to this Chapter, the claim for relief shall be considered to have arisen in any county in which an incident of racketeering occurred or in which an interest or control of an enterprise or real or personal property is acquired or maintained. Venue in any private action sh…
N.C. Gen. Stat. § 75D-13
Filing and attachment of RICO lien notice
Filing and attachment of RICO lien notice. (a) Upon the institution of any proceeding under this Chapter, the Attorney General then or at any time during the pendency of the proceeding may file in the official records of any one or more counties a RICO lien notice. No filing fee or other charge shall be required as a c…
N.C. Gen. Stat. § 75D-14
Release of lien notice
Release of lien notice. The Attorney General filing the RICO lien notice, or the court for good cause shown at anytime, may release in whole or in part any RICO lien notice or may release any specific property or beneficial interest from the RICO lien notice upon such terms and conditions as he may determine. Any relea…