82.170, relating to interest and usury. ����� (b) In gambling activity in violation of federal law or in the business of lending money at a rate usurious under federal or state law. ����� (8) Notwit

82.170, relating to interest and usury.

����� (b) In gambling activity in violation of federal law or in the business of lending money at a rate usurious under federal or state law.

����� (8) Notwithstanding contrary provisions in ORS 174.060, when this section references a statute in the Oregon Revised Statutes that is substantially different in the nature of its essential provisions from what the statute was when this section was enacted, the reference shall extend to and include amendments to the statute. [1981 c.769 �2; 1983 c.338 �898; 1983 c.715 �1; 1985 c.176 �5; 1985 c.557 �8; 1987 c.158 �31; 1987 c.249 �7; 1987 c.789 �20; 1987 c.907 �12; 1989 c.384 �2; 1989 c.839 �27; 1989 c.846 �13; 1989 c.982 �6; 1991 c.398 �3; 1991 c.962 �6; 1993 c.95 �13; 1993 c.215 �1; 1993 c.508 �45; 1993 c.680 �29; 1995 c.301 �35; 1995 c.440 �13; 1995 c.768 �10; 1997 c.631 �420; 1997 c.789 �1; 1997 c.867 �23; 1999 c.722 �8; 1999 c.878 �4; 2001 c.146 �1; 2001 c.147 �3; 2003 c.111 �1; 2003 c.484 �8; 2003 c.801 �15; 2003 c.804 �66; 2007 c.498 �3; 2007 c.585 �26; 2007 c.811 �7; 2007 c.869 �7; 2009 c.717 �25; 2011 c.597 �166; 2011 c.681 �6; 2013 c.584 �27; 2013 c.688 �23; 2017 c.21 �46; 2017 c.235 �21; 2019 c.553 �15]

����� 166.720 Racketeering activity unlawful; penalties. (1) It is unlawful for any person who has knowingly received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an unlawful debt to use or invest, whether directly or indirectly, any part of such proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of any title to, or any right, interest or equity in, real property or in the establishment or operation of any enterprise.

����� (2) It is unlawful for any person, through a pattern of racketeering activity or through the collection of an unlawful debt, to acquire or maintain, directly or indirectly, any interest in or control of any real property or enterprise.

����� (3) It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt.

����� (4) It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsections (1), (2) or (3) of this section.

����� (5)(a) Any person convicted of engaging in activity in violation of the provisions of subsections (1) to (4) of this section is guilty of a Class A felony.

����� (b) In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of the provisions of subsections (1) to (4) of this section, through which the person derived a pecuniary value, or by which the person caused personal injury 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.

����� (c) The court shall hold a hearing to determine the amount of the fine authorized by paragraph (b) of this subsection.

����� (d) For the purposes of paragraph (b) of this subsection, �pecuniary value� means:

����� (A) Anything of value in the form of money, a negotiable instrument, a commercial interest or anything else the primary significance of which is economic advantage; or

����� (B) Any other property or service that has a value in excess of $100.

����� (6) An allegation of a pattern of racketeering activity is sufficient if it contains substantially the following:

����� (a) A statement of the acts constituting each incident of racketeering activity in ordinary and concise language, and in a manner that enables a person of common understanding to know what is intended;

����� (b) A statement of the relation to each incident of racketeering activity that the conduct was committed on or about a designated date, or during a designated period of time;

����� (c) A statement, in the language of ORS 166.715 (4) or other ordinary and concise language, designating which distinguishing characteristic or characteristics interrelate the incidents of racketeering activity; and

����� (d) A statement that the incidents alleged were not isolated. [1981 c.769 ��3,4; 1997 c.789 �2]

����� 166.725 Remedies for violation of ORS 166.720; time limitation. (1) Any circuit court may, after making due provision for the rights of innocent persons, enjoin violations of the provisions of ORS 166.720 (1) to (4) by issuing appropriate orders and judgments, including, but not limited to:

����� (a) Ordering a divestiture by the defendant of any interest in any enterprise, including real property.

����� (b) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which the defendant was engaged in violation of the provisions of ORS 166.720 (1) to (4).

����� (c) Ordering the dissolution or reorganization of any enterprise.

����� (d) Ordering the suspension or revocation of a license, permit or prior approval granted to any enterprise by any agency of the state.

����� (e) Ordering the forfeiture of the charter of a corporation organized under the laws of this state, or the revocation of a certificate of authority authorizing a foreign corporation to conduct business within this state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of ORS 166.720 (1) to (4) and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate of authority revoked.

����� (2) All property, real or personal, including money, used in the course of, derived from or realized through conduct in violation of a provision of ORS 166.715 to 166.735 is subject to civil forfeiture to the state. The state shall dispose of all forfeited property as soon as commercially feasible. If property is not exercisable or transferable for value by the state, it shall expire. All forfeitures or dispositions under this section shall be made with due provision for the rights of innocent persons. Forfeited property shall be distributed as follows:

����� (a)(A) All moneys and the clear proceeds of all other property forfeited shall be deposited with the State Treasurer to the credit of the Common School Fund.

����� (B) For purposes of subparagraph (A) of this paragraph, �clear proceeds� means proceeds of forfeited property less costs of maintaining and preserving property pending its sale or other disposition, less costs of sale or disposition and, if the Department of Justice has not otherwise recovered its costs and expenses of the investigation and prosecution leading to the forfeiture, less 30 percent of the remaining proceeds of the property which is awarded to the department as reasonable reimbursement for costs of such investigation and prosecution.

����� (b) Any amounts awarded to the Department of Justice pursuant to paragraph (a) of this subsection shall be deposited in the Criminal Justice Revolving Account in the State Treasury.

����� (3) Property subject to forfeiture under this section may be seized by a police officer, as defined in ORS 133.525, upon court process. Seizure without process may be made if:

����� (a) The seizure is incident to a lawful arrest or search or an inspection under an administrative inspection warrant; or

����� (b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section.

����� (4) In the event of a seizure under subsection (3) of this section, a forfeiture proceeding shall be instituted promptly. Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the police officer making the seizure, subject only to the order of the court. When property is seized under this section, pending forfeiture and final disposition, the police officer may:

����� (a) Place the property under seal;

����� (b) Remove the property to a place designated by the court; or

����� (c) Require another agency authorized by law to take custody of the property and remove it to an appropriate location.

����� (5) The Attorney General, any district attorney or any state agency having jurisdiction over conduct in violation of a provision of ORS 166.715 to 166.735 may institute civil proceedings under this section. In any action brought under this section, the circuit court shall give priority to the hearing and determination. Pending final determination, the circuit court may at any time enter such injunctions, prohibitions or restraining orders, or take such actions, including the acceptance of satisfactory performance bonds, as the court may deem proper. The Attorney General, district attorney or state agency bringing an action under this section may be awarded, upon entry of a judgment in favor of the state, costs of investigation and litigation, reasonably incurred. Amounts recovered may include costs and expenses of state and local governmental departments and agencies incurred in connection with the investigation or litigation.

����� (6)(a) Any aggrieved person may institute a proceeding under subsection (1) of this section:

����� (A) If the proceeding is based upon racketeering activity for which a criminal conviction has been obtained, any rights of appeal have expired and the action is against the individual convicted of the racketeering activity; or

����� (B) If the person is entitled to pursue a cause of action under subsection (7)(a)(B) of this section.

����� (b) In such proceeding, relief shall be granted in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases, except that no showing of special or irreparable damage to the person shall have to be made. Upon the execution of proper bond against damages for an injunction improvidently granted and a showing of immediate danger of significant loss or damage, a temporary restraining order and a preliminary injunction may be issued in any such action before a final determination on the merits.

����� (7)(a) Any person who is injured by reason of any violation of the provisions of ORS 166.720 (1) to (4) shall have a cause of action for three-fold the actual damages sustained and, when appropriate, punitive damages:

����� (A) If a criminal conviction for the racketeering activity that is the basis of the violation has been obtained, any rights of appeal have expired and the action is against the individual convicted of the racketeering activity; or

����� (B) If the violation is based on racketeering activity as defined in ORS 166.715 (6)(a)(B) to (J), (K) as it relates to burglary and criminal trespass, (L) to (P), (S), (T), (U), (V), (X) to (Z), (AA) to (EE), (LL), (MM) or (PP) to (WW).

����� (b) The defendant or any injured person may demand a trial by jury in any civil action brought pursuant to this subsection.

����� (c) Any injured person shall have a right or claim to forfeited property or to the proceeds derived therefrom superior to any right or claim the state has in the same property or proceeds.

����� (8) An investigative agency may bring an action for civil penalties for any violation of ORS 166.720 (1) to (4). Upon proof of any such violation, the court shall impose a civil penalty of not more than $250,000.

����� (9) A judgment rendered in favor of the state in any criminal proceeding under ORS 166.715 to