§ 63-2-503.1i. Interception, seizure and forfeiture of funds or equipment.  


Latest version.
  • A.  The Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall have authority to intercept, seize and forfeit any funds or equipment in violation of any provision of the Drug Money Laundering and Wire Transmitter Act or in violation of Section 2-503.1 of this title.

    B.  A warrant for the seizure of property pursuant to Section 1222 of Title 22 of the Oklahoma Statutes may be issued by a district judge upon finding of probable cause for funds believed to be used or intended for any violation of the Uniform Controlled Dangerous Substances Act to any licensee under the Oklahoma Financial Transaction Reporting Act.

    C.  The State Banking Commissioner or designee upon receipt of an affidavit of probable cause from an agent of the Bureau, may issue an emergency notice requiring a temporary freeze on an account to any financial institution or money services business under its jurisdiction.  Such freeze shall halt all transactions in the account.  During the fifteen-day freeze, an account holder may file an emergency appeal to the district court.  The district court shall schedule a hearing on the emergency appeal within three (3) judicial days of the request.  The provisions of Section 2201 et seq. of Title 6 of the Oklahoma Statutes shall not apply to this section.  This freeze shall not exceed fifteen (15) days and shall automatically expire unless:

    1.  A subsequent seizure warrant is issued by a district judge; or

    2.  A notice of forfeiture is filed on the contents of the account pursuant to Section 2-503 of this title.

    D.  No financial institution shall have liability to an account holder for acting pursuant to this section.

Added by Laws 2008, c. 170, § 9, eff. July 1, 2008.  Amended by Laws 2009, c. 442, § 10, eff. July 1, 2009.