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We've got a situation where it appears that the profits from a large dog fighting operation were used to purchase substantial assets (land and a high-priced vehicle). The dogs have been seized but no one has been convicted of anything and they probably won't be. Any ideas on the legal mechanism to seize the assets? Chapter 59 doesn't seem to fit... Thanks.
 
Posts: 276 | Location: Liberty County, Texas | Registered: July 23, 2002Reply With QuoteReport This Post
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Outside of Article 59, I would look at Article 18.18. Under the second half of 18.18(a), you can automatically forfeit any "dog-fighting equipment" once you have a conviction. I would make the strong argument that proceeds from dog fighting are, by definition, "gambling proceeds" and therefore subject to automatic forfeiture, as well. Note too that "dog-figting equipment" can include vehicles used to transport the dogs under 18.18(g).

Failing a conviction, you can file a civil suit (IF there was a search warrant utilized) under 18.18(b). You would make the same arguments that you'd make under (a), but the civil rules kick in then... ugh. Same procedure as for gambling prosecutions. Let's just say the "shall forfeit" language under (a) is a lot more attractive.

Hope that helps.
 
Posts: 114 | Location: Bryan, Texas, USA | Registered: January 02, 2003Reply With QuoteReport This Post
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