2019 US Virgin Islands Code
Title 14 - Crimes
Chapter 30 - Criminally Influenced and Corrupt Organizations Act
§ 610. Criminal Activity Lien Notice and lis pendens

(a) Upon the institution of any criminal or civil proceeding or action under this chapter, the Attorney General or the United States Attorney then or at any time during the pendency of the proceeding, as the case may be, may file in such official records as the nature of the property shall determine, a Criminal Activity Lien Notice. No filing fee or other charge shall be required as a condition for such filing. The clerk of the trial court shall, upon the presentation of a Criminal Activity Lien Notice, immediately record it in the official records.

(b) The Criminal Activity Lien Notice shall be signed by the Attorney General or United States Attorney, as the case may be. The notice shall be in such form as the Attorney General prescribes and shall set forth the following information:

• (1) The name of the person against whom the criminal or civil proceeding or action has been brought. In his discretion, the Attorney General or United States Attorney may also name in the Criminal Activity Lien Notice any other aliases, names or fictitious names under which the person may be known. In his discretion, the Attorney General or the United States Attorney may also name in the Criminal Activity Lien Notice any corporation, partnership, or other entity that is either controlled by or entirely owned by the person;

• (2) If known to the Attorney General or United States Attorney, the present residence and business addresses of the person named in the Criminal Activity Lien Notice and of the other names set forth in the Criminal Activity Lien Notice;

• (3) A reference to the criminal or civil proceeding or action stating that a proceeding under this chapter has been brought against the person named in the Criminal Activity Lien Notice, the name of the court where the proceeding or action has been brought, and, if known to the Attorney General or United States Attorney at the time of filing the Criminal Activity Lien Notice, the case number of the proceeding or action;

• (4) A statement that the notice is being filed pursuant to this chapter; and

• (5) The name and address of the Office of the Attorney General or the United States Attorney's Office, whichever is the law enforcement agency filing the Criminal Activity Lien Notice, and the name of the individual signing the Criminal Activity Lien Notice.

(c) A Criminal Activity Lien Notice shall apply only to one person and, to the extent applicable, any aliases, fictitious names or other names, including names of corporations, partnerships, or other entities, to the extent permitted in this section. A separate Criminal Activity Lien Notice shall be filed for any other person against whom the Attorney General or United States Attorney desires to file a Criminal Activity Lien Notice under this section.

(d) The Attorney General or United States Attorney, as the case may be, shall, as soon as practicable after filing of the Criminal Activity Lien Notice, furnish to the person named in the notice by certified mail, return receipt requested, to the last known business or residential address, either a copy of the recorded notice or a copy of the notice with a notation on it of the court in which the notice has been recorded. The failure of the Attorney General or United States Attorney to furnish a copy of the notice under this section shall not invalidate or otherwise affect the notice.

(e) The filing of a Criminal Activity Lien Notice creates, from the time of its filing, a lien in favor of the Government of the Territory of the Virgin Islands on the following property of the person or other entity named in the notice and against any other names set forth in the notice:

• (1) any personal or real property situated in the Territory of the Virgin Islands where the notice is filed then or thereafter owned by the person or under any of the above names; and

• (2) any beneficial interest in it located in the Territory of the Virgin Islands where the notice is filed then or thereafter owned by the person or under any of the names.

(f) The lien shall commence and attach as of the time of filing of the Criminal Activity Lien Notice and shall continue thereafter until expiration, termination or release as provided herein. The lien created in favor of the Government of the Territory of the Virgin Islands shall be superior to and prior to the interest of any other person in the personal or real property or beneficial interest in it, if the interest is acquired subsequent to the filing of the notice.

(g) In conjunction with any civil proceeding or action the Attorney General or United States Attorney, as the case may be, may:

• (1) file without prior court order a lis pendens under the provisions of Title 5 of the Virgin Islands Code and, in such case, any person acquiring an interest in the real property or beneficial interest in it, if the real property or a beneficial interest is acquired subsequent to the filing of the lis pendens, shall take the interest subject to the civil proceeding or action and any subsequent judgment of forfeiture; and

• (2) in any such civil proceeding or action, name as defendants, in addition to the person named in the notice, any person or persons acquiring an interest in the personal or real property or beneficial interest in it subsequent to the filing of the notice. If a judgment of forfeiture is entered in the proceeding or action in favor of the Government of the Territory of the Virgin Islands, the interest of any person or persons in the property that was acquired subsequent to the filing of the notice and judgment of forfeiture shall be subject to the notice and judgment of forfeiture.

(h) Upon the entry of a final judgment of forfeiture in favor of the Government of the Territory of the Virgin Islands, the title of the Government of the Territory of the Virgin Islands shall:

• (1) in the case of real property, or a beneficial interest in it, relate back to the date of filing of the Criminal Activity Lien Notice in the official records of the judicial subdivision where the real property or a beneficial interest in it is located; and if no Criminal Activity Lien Notice is filed, then to the date of the filing of any notice of lis pendens under paragraph (1) of subsection (g) of this section in the official records of the judicial subdivision where the real property or a beneficial interest in it is located; and if no Criminal Activity Lien Notice or notice of lis pendens is filed, then to the date of recording of the final judgment of forfeiture in the official records of the judicial subdivision where the real property or a beneficial interest in it is located; and

• (2) in the case of personal property or a beneficial interest in it, relate back to the date the personal property or the beneficial interest in it was seized by the Government of the Territory of the Virgin Islands, or to the date of the filing of a Criminal Activity Lien Notice in the official records of the judicial subdivision where the personal property or a beneficial interest in it was located, but if the property was not seized or no Criminal Activity Lien Notice was filed, then to the date of the recording of the final judgment of forfeiture in the official records of the judicial subdivision where the personal property or a beneficial interest in it is located.

(i) If personal or real property or a beneficial interest in it subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a Criminal Activity Lien Notice, or after the filing of a civil proceeding or action or criminal proceeding, whichever is earlier, the Government of the Virgin Islands may institute an action in any court of appropriate jurisdiction against the person named in the Criminal Activity Lien Notice or the defendant in the civil proceeding or criminal proceeding; and such court shall enter final judgment against the person named in the Criminal Activity Lien Notice or the defendant in the civil proceeding in an amount equal to the fair market value of the property or any beneficial interest in it together with investigative costs and attorney's fees incurred by the Government of the Virgin Islands in the action. If a civil proceeding or action is pending, such action shall be filed only in the Superior Court or the District Court where such civil proceeding or action is pending.

(j) If personal or real property or a beneficial interest in it subject to forfeiture is conveyed, alienated, or otherwise disposed of after the filing of a Criminal Activity Lien Notice or after the filing of a civil proceeding or action or criminal proceeding, whichever is earlier, such court of appropriate jurisdiction may treat it as a fraudulent and preferential conveyance.

(k) A trustee, who acquires actual knowledge that a Criminal Activity Lien Notice or a civil proceeding or action or criminal proceeding has been filed against any person for whom he holds legal or record title to personal or real property, shall immediately furnish to the Attorney General or United States Attorney the following:

• (1) the name and address of said person, as known to the trustee;

• (2) the name and address, as known to the trustee, of all other persons for whose benefit the trustee holds title to the personal or real property; and

• (3) a copy of the trust agreement or other instrument under which the trustee holds legal or record title to the personal or real property. Any trustee who, within thirty days of acquiring such actual knowledge, fails to comply with the provisions of this section shall be subject to a fine of not more than $250,000.00.

(l) Any trustee who transfers or conveys title to personal or real property for which a Criminal Activity Lien Notice, naming a person who holds a beneficial interest in said property, has been filed in the judicial subdivision where the personal or real property is located; and where said notice has been so filed at the time of said transfer or conveyance; and who transfers or conveys such property while having actual notice of the Criminal Activity Lien Notice; shall, in addition to the provisions of subsection (k)(3) of this section, be liable to the Attorney General or United States Attorney, as the case may be, for the greater of:

• (1) the amount of proceeds received directly by the person named in the Criminal Activity Lien Notice as a result of the transfer or conveyance;

• (2) the amount of proceeds received by the trustee as a result of the transfer or conveyance and distributed to the person named in the Criminal Activity Lien Notice; or

• (3) the fair market value of the interest of the person named in the Criminal Activity Lien Notice in the personal or real property conveyed; but if the trustee transfers or conveys the personal or real property for at least its fair market value and holds the proceeds that would otherwise be paid or distributed to the beneficiary or at the direction of the beneficiary or his designee, the trustee's liability shall not exceed the amount of the proceeds held for so long as the proceeds are held by the trustee.

(m) The filing of a Criminal Activity Lien Notice shall not constitute a lien on the record title to personal or real property as owned by the trustee except to the extent that the trustee is named in the Criminal Activity Lien Notice. The Government of the Territory of the Virgin Islands may bring a civil proceeding in any appropriate court to recover from the trustee the amounts set forth in subsection (l) of this section, and the Attorney General or United States Attorney shall also be entitled to recover investigative costs and attorney's fees incurred as determined by the Attorney General or the United States Attorney.

(n) The filing of a Criminal Activity Lien Notice shall not affect the use to which personal or real property, or a beneficial interest in it, owned by the person named in the Criminal Activity Lien Notice, may be put or the right of the person to receive any avails, rents, or other proceeds resulting from the use and ownership, but not the sale, of the property, until a judgment of forfeiture is entered.

(o) The provisions of this section shall not apply to any transfer or conveyance by a trustee under a court order, unless the court order is entered in an action between the trustee and the beneficiary.

(p) Unless the trustee has actual knowledge that a person owning a beneficial interest in the trust is named in a Criminal Activity Lien Notice or is otherwise a defendant in a civil proceeding or action under this chapter, this section shall not apply to:

• (1) any conveyance by a trustee required under the terms of any trust agreement, where the trust agreement is a matter of public record prior to the filing of any Criminal Activity Lien Notice; or

• (2) any transfer or conveyance by a trustee to all of the persons who own a beneficial interest in the trust.

(q) The term of a Criminal Activity Lien Notice shall be for a period of 6 years from the date of filing unless a renewal Criminal Activity Lien Notice has been filed by the Attorney General or United States Attorney, as the case may be, and, in such case the term of the renewal notice shall be for a period of 6 years from the date of the latter filing. The Attorney General or United States Attorney shall be entitled to only one renewal of the Criminal Activity Lien Notice.

(r) The Attorney General or United States Attorney filing the Criminal Activity Lien Notice may release, in whole or in part, any Criminal Activity Lien Notice or may release any personal or real property or beneficial interest in it from the Criminal Activity Lien Notice upon such terms and conditions as he may determine. Any release of a Criminal Activity Lien Notice executed by the Attorney General or United States Attorney may be filed in the official records of any Superior Court or United States District Court. No charge or fee shall be imposed for the filing of any release of a Criminal Activity Lien Notice.

(s) If no civil proceeding or action has been instituted by the Attorney General or United States Attorney seeking a forfeiture of any property owned by the person named in the Criminal Activity Lien Notice, the acquittal in the criminal proceeding of the person named in the Criminal Activity Lien Notice or the dismissal of the criminal proceeding shall terminate the Criminal Activity Lien Notice and, in such case, the filing of the Criminal Activity Lien Notice shall have no effect. If a civil proceeding has been instituted, in the event the criminal proceeding has been dismissed or the person named in the Criminal Activity Lien Notice has been acquitted in the criminal proceeding, the Criminal Activity Lien Notice shall continue for the duration of the civil proceeding.

(t) If no criminal or civil proceeding or action under this chapter is then pending against the person named in a Criminal Activity Lien Notice, any person named in a Criminal Activity Lien Notice may institute an action against the Attorney General or United States Attorney, whichever filed said Criminal Activity Lien Notice, in the court where the notice has been filed, seeking a release or extinguishment of the notice and, in such case:

• (1) The court shall, upon the motion of the person, immediately enter an order, setting a date for a hearing which date shall not be less than ten (10) nor more than twenty (20) days after the suit has been filed, and the order, along with a copy of the complaint, shall be served on the Attorney General or United States Attorney, whichever filed the notice, within three days after the institution of the suit. At the hearing, the court shall take evidence on the issue of whether any personal or real property or beneficial interest in it owned by such person is covered by the Criminal Activity Lien Notice or is otherwise subject to forfeiture under this chapter, and, if such person shows by the preponderance of the evidence that the Criminal Activity Lien Notice is not applicable to him or that any personal or real property or beneficial interest in it owned by him is not subject to forfeiture under this chapter, the court shall enter a judgment extinguishing the Criminal Activity Lien Notice or releasing the personal or real property or beneficial interest in it from the Criminal Activity Lien Notice;

• (2) The court shall immediately enter its order releasing from the Criminal Activity Lien Notice any specific personal or real property or beneficial interest in it, if a sale of the personal or real property or beneficial interest in it is pending and the filing of the notice prevents the sale of the property or interest, but the proceeds of the sale of the personal or real property or beneficial interest in it shall be deposited into the registry of the court, subject to the further order of the said court; and

• (3) At the hearing, the court may release from the Criminal Activity Lien Notice any personal or real property or beneficial interest in it upon the posting by such person of such security as is equal to the value of the personal or real property or beneficial interest in it owned by such person.

(u) In the event a civil proceeding is pending against a person named in a Criminal Activity Lien Notice, the Superior Court or United States District Court, upon motion by the person, may grant the relief set forth in this section.