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Article 460 - NY Penal Law

• NY Laws ›
• Penal Law ›
• Part 4 ›
• Title X ›
• Article 460

S 460.00 Legislative findings.
   The legislature finds and determines as follows:
    Organized  crime  in  New  York  state  involves highly sophisticated,
  complex and widespread  forms  of  criminal  activity.  The  diversified
  illegal conduct engaged in by organized crime, rooted in the illegal use
  of  force,  fraud,  and  corruption,  constitutes a major drain upon the
  state's economy, costs citizens and businesses of the state billions  of
  dollars each year, and threatens the peace, security and general welfare
  of the people of the state.
    Organized  crime  continues  to  expand its corrosive influence in the
  state through illegal enterprises engaged in such criminal endeavors  as
  the  theft  and fencing of property, the importation and distribution of
  narcotics and other dangerous drugs, arson for profit, hijacking,  labor
  racketeering,  loansharking, extortion and bribery, the illegal disposal
  of  hazardous  wastes,  syndicated  gambling,  trafficking   in   stolen
  securities, insurance and investment frauds, and other forms of economic
  and social exploitation.
    The  money  and  power  derived by organized crime through its illegal
  enterprises and endeavors is increasingly being used to  infiltrate  and
  corrupt  businesses,  unions  and  other  legitimate  enterprises and to
  corrupt our democratic processes. This infiltration takes several  forms
  with legitimate enterprises being employed as instrumentalities, injured
  as  victims,  or taken as prizes. Through such infiltration the power of
  an enterprise can be diverted to criminal ends, its resources looted, or
  it can be taken over entirely, either on paper or de  facto.  Thus,  for
  purposes  of  making  both criminal and civil remedies available to deal
  with the  corruption  of  such  enterprises,  the  concept  of  criminal
  enterprise  should  not be limited to traditional criminal syndicates or
  crime families, and may include persons who join together in a  criminal
  enterprise,  as  defined  by subdivision three of section 460.10 of this
  article, for the purpose of corrupting such  legitimate  enterprises  or
  infiltrating and illicitly influencing industries.
    One  major  cause  of  the  continuing  growth  of  organized criminal
  activities within the state is the  inadequacy  and  limited  nature  of
  sanctions  and  remedies  available  to  state and local law enforcement
  officials to deal with  this  intricate  and  varied  criminal  conduct.
  Existing   penal   law  provisions  are  primarily  concerned  with  the
  commission of specific and limited criminal acts without regard  to  the
  relationships of particular criminal acts or the illegal profits derived
  therefrom,  to  legitimate or illicit enterprises operated or controlled
  by organized crime.  Further,  traditional  penal  law  provisions  only
  provide for the imposition of conventional criminal penalties, including
  imprisonment,  fines  and  probation,  for  entrenched  organized  crime
  enterprises. Such penalties are not adequate  to  enable  the  state  to
  effectively  fight  organized crime. Instead, new penal prohibitions and
  enhanced sanctions, and new civil and criminal remedies are necessary to
  deal with the unlawful activities of persons and enterprises engaged  in
  organized  crime.    Comprehensive statutes enacted at the federal level
  and in a  number  of  other  states  with  significant  organized  crime
  problems,  have provided law enforcement agencies with an effective tool
  to fight organized crime. Such laws permit law  enforcement  authorities
  (i)  to  charge  and  prove  patterns  of  criminal  activity  and their
  connection to ongoing  enterprises,  legitimate  or  illegal,  that  are
  controlled  or  operated  by organized crime, and (ii) to apply criminal
  and civil penalties designed to prevent and eliminate organized  crime's
  involvement  with such enterprises. The organized crime control act is a
  statute of comparable purpose but tempered by reasonable limitations  on
  its applicability, and by due regard for the rights of innocent persons.
  Because  of  its  more  rigorous definitions, this act will not apply to
  some  situations  encompassed  within  comparable  statutes   in   other
  jurisdictions.  This  act  is  vital  to the peace, security and general
  welfare of the state.
    In  part  because  of  its  highly diverse nature, it is impossible to
  precisely define what organized crime is. This  article,  however,  does
  attempt  to  define  and  criminalize  what  organized  crime does. This
  article focuses upon criminal enterprises because  their  sophistication
  and organization make them more effective at their criminal purposes and
  because  their  structure  and  insulation protect their leadership from
  detection and prosecution.
    At the same time, this article is  not  intended  to  be  employed  to
  prosecute  relatively minor or isolated acts of criminality which, while
  related to an enterprise and arguably part of a pattern  as  defined  in
  this  article,  can be adequately and more fairly prosecuted as separate
  offenses. Similarly, particular defendants may play so minor a role in a
  criminal enterprise that their culpability would be  unfairly  distorted
  by prosecution and punishment for participation in the enterprise.
    The  balance  intended  to  be  struck  by  this act cannot readily be
  codified in the form of restrictive definitions or a categorical list of
  exceptions. General,  yet  carefully  drawn  definitions  of  the  terms
  "pattern  of  criminal  activity"  and  "criminal  enterprise" have been
  employed.   Notwithstanding the  provisions  of  section  5.00  of  this
  chapter  these  definitions  should  be  given  their plain meaning, and
  should not be construed either liberally or strictly, but in the context
  of the legislative purposes set forth  in  these  findings.  Within  the
  confines  of  these  and  other applicable definitions, discretion ought
  still be exercised. Once  the  letter  of  the  law  is  complied  with,
  including the essential showing that there is a pattern of conduct which
  is  criminal  under existing statutes, the question whether to prosecute
  under those statutes or for the pattern itself  is  essentially  one  of
  fairness.  The  answer  will  depend on the particular situation, and is
  best  addressed  by  those  institutions  of   government   which   have
  traditionally  exercised  that  function:  the  grand  jury,  the public
  prosecutor, and an independent judiciary.

S 460.10 Definitions.
 The following definitions are applicable to this article.
    1.  "Criminal  act"  means  conduct  constituting any of the following
  crimes, or  conspiracy  or  attempt  to  commit  any  of  the  following
  felonies:
    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
  120.10 and 120.11  relating  to  assault;  sections  121.12  and  121.13
  relating  to  strangulation;  sections  125.10  to  125.27  relating  to
  homicide; sections 130.25, 130.30 and 130.35 relating to rape;  sections
  135.20  and  135.25  relating  to kidnapping; section 135.35 relating to
  labor trafficking; section 135.65 relating to coercion; sections 140.20,
  140.25 and 140.30 relating to  burglary;  sections  145.05,  145.10  and
  145.12 relating to criminal mischief; article one hundred fifty relating
  to  arson;  sections 155.30, 155.35, 155.40 and 155.42 relating to grand
  larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
  care  fraud;  article  one  hundred  sixty relating to robbery; sections
  165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
  stolen  property;  sections  165.72  and  165.73  relating  to trademark
  counterfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40,  170.65
  and  170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40
  and 210.40 relating to false statements; sections 176.15, 176.20, 176.25
  and 176.30 relating to  insurance  fraud;  sections  178.20  and  178.25
  relating   to   criminal   diversion  of  prescription  medications  and
  prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40,  180.45,
  200.00,  200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25,
  200.27, 215.00, 215.05 and 215.19 relating to bribery; sections  187.10,
  187.15,  187.20  and  187.25  relating  to  residential  mortgage fraud,
  sections 190.40 and 190.42 relating to criminal  usury;  section  190.65
  relating  to  schemes to defraud; sections 205.60 and 205.65 relating to
  hindering prosecution; sections 210.10, 210.15, and 215.51  relating  to
  perjury and contempt; section 215.40 relating to tampering with physical
  evidence;  sections  220.06,  220.09,  220.16,  220.18,  220.21, 220.31,
  220.34, 220.39,  220.41,  220.43,  220.46,  220.55,  220.60  and  220.77
  relating  to  controlled substances; sections 225.10 and 225.20 relating
  to gambling; sections 230.25, 230.30, and 230.32 relating  to  promoting
  prostitution;  section  230.34  relating  to  sex  trafficking; sections
  235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10
  and 263.15 relating to  promoting  a  sexual  performance  by  a  child;
  sections   265.02,  265.03,  265.04,  265.11,  265.12,  265.13  and  the
  provisions of section 265.10  which  constitute  a  felony  relating  to
  firearms  and  other  dangerous  weapons; and sections 265.14 and 265.16
  relating to criminal sale of a  firearm;  and  section  275.10,  275.20,
  275.30,  or  275.40  relating  to  unauthorized recordings; and sections
  470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
    (b) Any felony set forth elsewhere in  the  laws  of  this  state  and
  defined  by  the  tax  law  relating  to  alcoholic beverage, cigarette,
  gasoline and similar  motor  fuel  taxes;  article  seventy-one  of  the
  environmental  conservation  law  relating to water pollution, hazardous
  waste or substances hazardous or acutely hazardous to public  health  or
  safety  of  the  environment;  article  twenty-three-A  of  the  general
  business law relating to prohibited acts concerning  stocks,  bonds  and
  other  securities,  article  twenty-two  of  the  general  business  law
  concerning monopolies.
    2. "Enterprise" means either an enterprise as defined  in  subdivision
  one  of section 175.00 of this chapter or criminal enterprise as defined
  in subdivision three of this section.
    3. "Criminal enterprise" means a group of  persons  sharing  a  common
  purpose  of engaging in criminal conduct, associated in an ascertainable
  structure distinct from a pattern  of  criminal  activity,  and  with  a
  continuity of existence, structure and criminal purpose beyond the scope
  of individual criminal incidents.
    4.  "Pattern of criminal activity" means conduct engaged in by persons
  charged in an enterprise corruption count  constituting  three  or  more
  criminal acts that:
    (a)  were  committed  within  ten  years  of  the  commencement of the
  criminal action;
    (b) are  neither  isolated  incidents,  nor  so  closely  related  and
  connected  in  point  of  time  or  circumstance  of  commission  as  to
  constitute a criminal offense or criminal transaction,  as  those  terms
  are defined in section 40.10 of the criminal procedure law; and
    (c)  are either: (i) related to one another through a common scheme or
  plan  or  (ii)  were  committed,  solicited,  requested,  importuned  or
  intentionally  aided  by  persons  acting  with  the  mental culpability
  required for the commission  thereof  and  associated  with  or  in  the
  criminal enterprise.

S 460.20 Enterprise corruption.
  1. A person is guilty of enterprise corruption when, having knowledge
of the existence of a criminal enterprise and the nature of its
activities, and being employed by or associated with such enterprise,
he:
  (a) intentionally conducts or participates in the affairs of an
enterprise by participating in a pattern of criminal activity; or
  (b) intentionally acquires or maintains any interest in or control of
an enterprise by participating in a pattern of criminal activity; or
  (c) participates in a pattern of criminal activity and knowingly
invests any proceeds derived from that conduct, or any proceeds derived
from the investment or use of those proceeds, in an enterprise.
  2. For purposes of this section, a person participates in a pattern of
criminal activity when, with intent to participate in or advance the
affairs of the criminal enterprise, he engages in conduct constituting,
or, is criminally liable for pursuant to section 20.00 of this chapter,
at least three of the criminal acts included in the pattern, provided
that:
  (a) Two of his acts are felonies other than conspiracy;
  (b) Two of his acts, one of which is a felony, occurred within five
years of the commencement of the criminal action; and
  (c) Each of his acts occurred within three years of a prior act.
  3. For purposes of this section, the enterprise corrupted in violation
of subdivision one of this section need not be the criminal enterprise
by which the person is employed or with which he is associated, and may
be a legitimate enterprise.
  Enterprise corruption is a class B felony.

S 460.22 Aggravated enterprise corruption.
  A  person is guilty of aggravated enterprise corruption when he or she
commits the crime of enterprise corruption and two or more of  the  acts
that  constitute  his  or  her  pattern of criminal activity are class B
felonies or higher, and at least two acts are armed felonies as  defined
in  paragraph  (a)  of  subdivision  forty-one  of  section  1.20 of the
criminal procedure law or one act is such an armed felony and one act is
a violation of subdivision two of section 265.17 of this chapter or  one
act  is  a  class B violent felony and two are violations of subdivision
two of section 265.17 of this chapter.
    Aggravated enterprise corruption is a class A-I felony.

S 460.25 Enterprise corruption; limitations.
  1. For purposes of subdivision one of section 460.20 of this article,
a person does not acquire or maintain an interest in an enterprise by
participating in a pattern of criminal activity when he invests proceeds
derived from a pattern of criminal activity in such enterprise.
  2. For purposes of subdivision one of section 460.20 of this article,
it shall not be unlawful to:
  (a) purchase securities on the open market with intent to make an
investment, and without the intent of controlling or participating in
the control of the issuer, or of assisting another to do so, if the
securities of the issuer held by the purchaser, the members of his
immediate family, and his or their accomplices in any pattern of
criminal activity do not amount in the aggregate to five percent of the
outstanding securities of any one class and do not confer, either in the
law or in fact, the power to elect one or more directors of the issuer;
  (b) make a deposit in an account maintained in a savings and loan
association, or a deposit in any other such financial institution, that
creates an ownership interest in that association or institution;
  (c) purchase shares in co-operatively owned residential or commercial
property;
  (d) purchase non-voting shares in a limited partnership, with intent
to make an investment, and without the intent of controlling or
participating in the control of the partnership.

S 460.30 Enterprise corruption; forfeiture.
  1. Any person convicted of enterprise corruption may be required
pursuant to this section to criminally forfeit to the state:
  (a) any interest in, security of, claim against or property or
contractual right of any kind affording a source of influence over any
enterprise whose affairs he has controlled or in which he has
participated in violation of subdivision one of section 460.20 of this
article and for which he was convicted and the use of which interest,
security, claim or right by him contributed directly and materially to
the crime for which he was convicted unless such forfeiture is
disproportionate to the defendant`s gain from his association or
employment with the enterprise, in which event the jury may recommend
forfeiture of a portion thereof;
  (b) any interest, including proceeds, he has acquired or maintained in
an enterprise in violation of subdivision one of section 460.20 of this
article and for which he was convicted unless such forfeiture is
disproportionate to the conduct he engaged in and on which the
forfeiture is based, in which event the jury may recommend forfeiture of
a portion thereof; or
  (c) any interest, including proceeds he has derived from an investment
of proceeds in an enterprise in violation of subdivision one of section
460.20 of this article and for which he was convicted unless such
forfeiture is disproportionate to the conduct he engaged in and on which
the forfeiture is based, in which event the jury may recommend
forfeiture of a portion thereof.
  2. (a) Forfeiture may be ordered when the grand jury returning an
indictment charging a person with enterprise corruption has received
evidence legally sufficient to establish, and providing reasonable cause
to believe, that the property or other interest is subject to forfeiture
under this section. In that event, the grand jury shall file a special
information, not to be disclosed to the jury in the criminal action
prior to verdict on the criminal charges, specifying the property or
other interest for which forfeiture is sought and containing a plain and
concise factual statement which sets forth the basis for the forfeiture.
Alternatively, where the defendant has waived indictment and consented
to be prosecuted by superior court information pursuant to article one
hundred ninety-five of the criminal procedure law, the prosecutor may
file, in addition to the superior court information charging enterprise
corruption, a special information specifying the property or other
interest for which forfeiture is sought and containing a plain and
concise factual statement which sets forth the basis for the forfeiture.
  (b) After returning a verdict of guilty on an enterprise corruption
count or counts, the jury shall be given the special information and
hear any additional evidence which is relevant and legally admissible
upon the forfeiture count or counts of the special information. After
hearing such evidence, the jury shall then deliberate upon the
forfeiture count or counts and, based upon all the evidence received in
connection with the indictment or superior court information and the
special information, may, if satisfied by proof beyond a reasonable
doubt that the property or other interest, or a portion thereof, is
subject to forfeiture under this section return a verdict determining
such property or other interest, or portion thereof, is subject to
forfeiture, provided, however, where a defendant has waived a jury trial
pursuant to article three hundred twenty of the criminal procedure law,
the court may hear and receive all of the evidence upon the indictment
or superior court information and the special information and render a
verdict upon the enterprise corruption count or counts and the
forfeiture count or counts.
  (c) After the verdict of forfeiture, the court shall hear arguments
and may receive additional evidence upon a motion of the defendant that
the verdict of forfeiture (i) is against the weight of the evidence, or
(ii) is, with respect to a forfeiture pursuant to paragraph (a) of
subdivision one of this section, disproportionate to the defendant`s
gain from his association or employment with the enterprise, or, with
respect to a forfeiture pursuant to paragraph (b) or (c) of subdivision
one of this section, disproportionate to the conduct he engaged in on
which the forfeiture is based. Upon such a finding the court may in the
interests of justice set aside, modify, limit or otherwise condition an
order of forfeiture.
  3. (a) An order of criminal forfeiture shall authorize the prosecutor
to seize all property or other interest declared forfeited under this
section upon such terms and conditions as the court shall deem proper.
If a property right or other interest is not exercisable or transferable
for value by the prosecutor, it shall expire and shall not revert to the
convicted person. The court ordering any forfeiture may remit such
forfeiture or any portion thereof.
  (b) No person shall forfeit any right, title or interest in any
property or enterprise under this article who has not been convicted of
a violation of section 460.20 of this article. Any person other than the
convicted person claiming an interest in forfeited property or other
interest may bring a special proceeding to determine that claim, before
or after trial, pursuant to section thirteen hundred twenty-seven of the
civil practice law and rules, provided, however, that if such an action
is brought before trial, it may, upon motion of the prosecutor, and in
the court`s discretion, be postponed by the court until completion of
the trial. In addition, any person claiming an interest in property
subject to forfeiture may petition for remission as provided in
subdivision seven of section thirteen hundred eleven of such law and
rules.
  4. All property and other interests which are criminally forfeited
following the commencement of an action under this article, whether by
plea, verdict or other agreement, shall be disposed of in accordance
with the provisions of section thirteen hundred forty-nine of the civil
practice law and rules. In any case where one or more of the counts upon
which a person is convicted specifically includes as a criminal act a
violation of any offense defined in article two hundred twenty of this
chapter, the court shall determine what portion of that property or
interest derives from or relates to such criminal act, and direct that
distribution of that portion be conducted in the manner prescribed for
actions grounded upon offenses in violation of article two hundred
twenty.
  5. Any person convicted of a violation of section 460.20 of this
article through which he derived pecuniary value, or by which he caused
personal injury or property damage or other loss, may be sentenced to
pay a fine not in excess of three times the gross value he gained or
three times the gross loss he caused, whichever is greater. Moneys so
collected shall be paid as restitution to victims of the crime for
medical expenses actually incurred, loss of earnings or property loss or
damage caused thereby. Any excess after restitution shall be paid to the
state treasury. In any case where one or more of the counts upon which a
person is convicted specifically includes as a criminal act a violation
of any offense defined in article two hundred twenty of this chapter,
the court shall determine what proportion of the entire pattern such
criminal acts constitute and distribute such portion in the manner
prescribed by section three hundred forty-nine of the civil practice law
and rules for forfeiture actions grounded upon offenses in violation of
article two hundred twenty.  When the court imposes a fine pursuant to
this subdivision, the court shall make a finding as to the amount of the
gross value gained or the gross loss caused. If the record does not
contain sufficient evidence to support such a finding the court may
conduct a hearing upon the issue. In imposing a fine, the court shall
consider the seriousness of the conduct, whether the amount of the fine
is disproportionate to the conduct in which he engaged, its impact on
victims and the enterprise corrupted by that conduct, as well as the
economic circumstances of the convicted person, including the effect of
the imposition of such a fine upon his immediate family.
  6. The imposition of an order of criminal forfeiture pursuant to
subdivision one of this section, a judgment of civil forfeiture pursuant
to article thirteen-A of the civil practice law and rules, or a fine
pursuant to subdivision five of this section or paragraph (b) of
subdivision one of section 80.00 of this chapter, shall preclude the
imposition of any other such order or judgment of forfeiture or fine
based upon the same criminal conduct, provided however that where an
order of criminal forfeiture is imposed pursuant to subdivision one of
this section, an action pursuant to article thirteen-A of the civil
practice law and rules may nonetheless be brought, and an order imposed
in that action, for forfeiture of the proceeds of a crime or the
substituted proceeds of a crime where such proceeds are not subject to
criminal forfeiture pursuant to subdivision one of this section. The
imposition of a fine pursuant to subdivision five of this section or
paragraph (b) of subdivision one of section 80.00 of this chapter, shall
preclude the imposition of any other fine pursuant to any other
provision of this chapter.
  7. Other than as provided in subdivision six, the imposition of a
criminal penalty, forfeiture or fine under this section shall not
preclude the application of any other criminal penalty or civil remedy
under this article or under any other provision of law.
  8. Any payment made as restitution to victims pursuant to this section
shall not limit, preclude or impair any liability for damages in any
civil action or proceeding for an amount in excess of such payment.

S 460.40 Enterprise corruption; jurisdiction.
  A person may be prosecuted for enterprise corruption:
  1. in any county in which the principal place of business, if any, of
the enterprise was located at the time of the offense, and, if the
enterprise had a principal place or business located in more than one
county, then in any such county in which any conduct occurred
constituting or requisite to the completion of the offense of enterprise
corruption; or
  2. in any county in which any act included in the pattern of criminal
activity could have been prosecuted pursuant to article twenty of the
criminal procedure law; provided, however, that such person may not be
prosecuted for enterprise corruption in such county based on this
subdivision if the jurisdiction of such county is based solely on
section 20.60 of the criminal procedure law; or
  3. in any county in which he:
  (a) conducts or participates in the affairs of the enterprise in
violation of subdivision one of section 460.20 of this article,
  (b) acquires or maintains an interest in or control of the enterprise
in violation of subdivision one of section 460.20 of this article,
  (c) invests proceeds in an enterprise in violation of subdivision one
of section 460.20 of this article; or
  4. in any county in which the conduct of the actor had or was likely
to have a particular effect upon such county or a political subdivision
or part thereof, and was performed with intent that it would, or with
knowledge that it was likely to, have such particular effect therein.

S 460.50 Enterprise corruption; prosecution.
  1. Subject to the provisions of section 460.60 of this article, a
charge of enterprise corruption may be prosecuted by: (a) the district
attorney of any county with jurisdiction over the offense pursuant to
section 460.40 of this article; (b) the deputy attorney general in
charge of the statewide organized crime task force when authorized by
subdivision seven of section seventy-a of the executive law; or (c) the
attorney general when he is otherwise authorized by law to prosecute
each of the criminal acts specifically included in the pattern of
criminal activity alleged in the enterprise corruption charge.
  2. For purposes of paragraph (c) of subdivision one of this section, a
criminal act or an offense is specifically included in a pattern of
criminal activity when the count of the accusatory instrument charging a
person with enterprise corruption alleges a pattern of criminal activity
and the act is alleged to be a criminal act within the pattern of
criminal activity.

S 460.60 Enterprise corruption; consent to prosecute.
  1. For purposes of this section, when a grand jury proceeding concerns
a possible charge of enterprise corruption, or when an accusatory
instrument includes a count charging a person with enterprise
corruption, the affected district attorneys are the district attorneys
otherwise empowered to prosecute any of the underlying acts of criminal
activity in a county with jurisdiction over the offense of enterprise
corruption pursuant to section 460.40 of this article, in which:
  (a) there has been substantial and significant activity by the
particular enterprise; or
  (b) conduct occurred constituting a criminal act specifically included
in the pattern of criminal activity charged in the accusatory instrument
and not previously prosecuted; or
  (c) the particular enterprise has its principal place of business.
  2. A grand jury proceeding concerning a possible charge of enterprise
corruption may be instituted only with the consent of the affected
district attorneys. Should the possibility of such a charge develop
after a grand jury proceeding has been instituted, the consent of the
affected district attorneys shall be sought as soon as is practical, and
an indictment charging a person with enterprise corruption may not be
voted upon by the grand jury without such consent.
  3. A person may be charged in an accusatory instrument with enterprise
corruption only with the consent of the affected district attorneys.
When it is impractical to obtain the consent specified in subdivision
two of this section prior to the filing of the accusatory instrument,
then that consent must be secured within twenty days thereafter.
  4. When the prosecutor is the deputy attorney general in charge of the
statewide organized crime task force, the consent required by
subdivisions two and three of this section shall be in addition to that
required by subdivision seven of section seventy-a of the executive law.
  5. Within fifteen days after the arraignment of any person on an
indictment charging a person with the crime of enterprise corruption the
prosecutor shall provide a copy of the indictment to those district
attorneys whose consent was required pursuant to subdivision three of
this section, and shall notify the court and defendant of those district
attorneys whose consent the prosecutor has secured. The court shall then
review the indictment and the grand jury minutes, notify any district
attorney whose consent under subdivision one of this section should have
been but was not obtained, direct that the prosecutor provide that
district attorney with the portion of the indictment and grand jury
minutes that are relevant to a determination whether that district
attorney is an "affected district attorney" within the meaning of
subdivision one of this section.
  6. The failure to obtain from any district attorney the consent
required by subdivision two or three of this section shall not be
grounds for dismissal of the accusatory instrument or for any other
relief upon motion of a defendant in the criminal action.
  Upon motion of a district attorney whose consent, pursuant to
subdivision three of this section, the court determines was required but
not obtained, the court may not dismiss the accusatory instrument or any
count thereof but may grant any appropriate relief. Such relief may
include, but is not limited to:
  (a) ordering that any money forfeited by a defendant in the criminal
action, or the proceeds from the sale of any other property forfeited in
the criminal action by a defendant, which would have been paid to the
county of that district attorney pursuant to section thirteen hundred
forty-nine of the civil practice law and rules had the forfeiture action
been prosecuted in the county of that district attorney, be paid in
whole or in part to the county of that district attorney; or
  (b) upon consent of the defendant, ordering the transfer of the
prosecution, or any part thereof, to that district attorney or to any
other prosecutor with jurisdiction over the prosecution, of the part
thereof to be transferred. However, prior to ordering any transfer of
the prosecution, the court shall provide to those district attorneys who
have previously consented to the prosecution an opportunity to intervene
and be heard concerning such transfer.
  7. A district attorney whose consent, pursuant to subdivision three of
this section, the court determines was required but not obtained may
seek the relief described in subdivision six of this section exclusively
by a pre-trial motion in the criminal action based on the indictment
charging the crime of enterprise corruption. Such relief must be sought
within forty-five days of the receipt of notice from the court pursuant
to subdivision five of this section.

S 460.70 Provisional remedies.
  1. The provisional remedies authorized by article thirteen-A of the
civil practice law and rules shall be available in all criminal actions
in which criminal forfeiture or a fine pursuant to section 460.60 is
sought to the extent and under the same terms and conditions as provided
in article thirteen-A of such law and rules.
  2. Upon the filing of an indictment and special information seeking
criminal forfeiture under this article all further proceedings with
respect to provisional remedies shall be heard by the judge or justice
in the criminal part to which the indictment and special information are
assigned.
  3. For purposes of this section, the indictment and special
information seeking criminal forfeiture shall constitute the summons and
complaint referred to in article thirteen-A of the civil practice law
and rules.

S 460.80 Court ordered disclosure.
  Notwithstanding the provisions of article two hundred forty of the
criminal procedure law, when forfeiture is sought pursuant to section
460.30 of this chapter, the court may order discovery of any property
not otherwise disclosed which is material and reasonably necessary for
preparation by the defendant with respect to the forfeiture proceeding
pursuant to such section. The court may issue a protective order
denying, limiting, conditioning, delaying or regulating such discovery
where a danger to the integrity of physical evidence or a substantial
risk of physical harm, intimidation, economic reprisal, bribery or
unjustified annoyance or embarrassment to any person or an adverse
effect upon the legitimate needs of law enforcement, including the
protection of the confidentiality of informants, or any other factor or
set of factors outweighs the usefulness of the discovery.

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