{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1409","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1409","heading":"Civil proceedings","body":"A. The Attorney General, any district attorney or any district\n\nattorney appointed under the provisions of Section 215.9 of Title 19\n\nof the Oklahoma Statutes may institute civil proceedings against any\n\nperson in an appropriate district court seeking relief from conduct\n\nconstituting a violation of any provisions of Section 1403 of the\n\nOklahoma Racketeer-Influenced and Corrupt Organizations Act with the\n\nright to a trial by jury at the request of either party. If the\n\nplaintiff in such a proceeding proves the alleged violation by a\n\npreponderance of the evidence, the district court, after making due\n\nprovisions for the rights of innocent parties, may grant relief by\n\nentering any appropriate order of judgment, including:\n\n1. Ordering any defendant to divest himself of any interest in\n\nany enterprise or any real property;\n\n2. Imposing reasonable restrictions upon the future activities\n\nor investments of any defendant, including prohibiting any defendant\n\nfrom engaging in the same type of endeavor as the enterprise in\n\nwhich the defendant was engaged in violation of Section 1403 of the\n\nOklahoma Racketeer-Influenced and Corrupt Organizations Act;\n\n3. Ordering the dissolution or reorganization of any\n\nenterprise;\n\n4. Ordering the suspension or revocation of a license, permit,\n\nor prior approval granted to any enterprise by an agency of the\n\nstate; or\n\n5. Ordering the surrender of the charter of a corporation\n\norganized pursuant to the laws of the state or the revocation of a\n\ncertificate authorizing a foreign corporation to conduct business\n\nwithin the state.\n\nIn a proceeding initiated pursuant to the provisions of this\n\nsection, injunctive relief shall be granted in conformity with the\n\nprinciples that govern the granting of relief from injury or\n\nthreatened injury in other cases, but no showing of special or\n\nirreparable injury shall be required. Pending final determination\n\nof a proceeding initiated pursuant to the provisions of this\n\nsection, a temporary restraining order or a preliminary injunction\n\nmay be issued upon a showing of immediate danger of significant\n\ninjury, including the possibility that any judgment for money\n\ndamages might be difficult to execute, and, in a proceeding\n\ninitiated by an aggrieved person, upon the execution of a bond in\n\nthe amount of ten percent (10%) of the value of the property against\n\ninjury for an injunction improvidently granted. If the district\n\ncourt issues an injunction or grants other relief pursuant to the\n\nprovisions of this section, the plaintiff shall also recover costs,\n\nincluding reasonable attorney fees and costs of investigation and\n\nlitigation reasonably incurred.\n\nB. The civil penalty imposed pursuant to this section shall not\n\nexceed One Hundred Thousand Dollars ($100,000.00), with no offset\n\nfor the value of any property criminally forfeited or any fine\n\nimposed pursuant to the Oklahoma Racketeer-Influenced and Corrupt\n\nOrganizations Act. This amount shall be applied to the costs and\n\nexpenses of investigation and prosecution, and the balance, if any,\n\nshall be paid pursuant to the provisions of the Oklahoma Racketeer-\n\nInfluenced and Corrupt Organizations Act.\n\nC. Upon the filing of a civil action pursuant to the provisions\n\nof subsection A or B of this section, a district attorney shall\n\nimmediately notify the Attorney General of its filing. Upon timely\n\napplication, the Attorney General may intervene as a party in any\n\ncivil action or proceeding brought pursuant to subsection A or B of\n\nthis section if the Attorney General certifies that the action or\n\nproceeding is of general public importance.\n\nD. A final judgment or decree rendered against the defendant in\n\nany civil or criminal proceeding pursuant to the provisions of the\n\nOklahoma Racketeer-Influenced and Corrupt Organizations Act, shall\nas a party in any\n\ncivil action or proceeding brought pursuant to subsection A or B of\n\nthis section if the Attorney General certifies that the action or\n\nproceeding is of general public importance.\n\nD. A final judgment or decree rendered against the defendant in\n\nany civil or criminal proceeding pursuant to the provisions of the\n\nOklahoma Racketeer-Influenced and Corrupt Organizations Act, shall\n\nestop the defendant in any subsequent civil action or proceeding\n\nbrought by any person as to all matters as to which the judgment or\n\ndecree would be an estoppel as between the parties to a civil or\n\ncriminal proceeding.\n\nE. A civil action or proceeding pursuant to the provisions of\n\nthe Oklahoma Racketeer-Influenced and Corrupt Organizations Act may\n\nbe commenced at any time within five (5) years after the conduct\n\nmade unlawful pursuant to the provisions of Section 1403 of the\n\nOklahoma Racketeer-Influenced and Corrupt Organizations Act\n\nterminates or the cause of action accrues. If a criminal proceeding\n\nor civil action or other proceeding is brought by or intervention is\n\ngranted to the state to punish, prevent, or restrain any activity\n\nmade unlawful pursuant to the provisions of Section 1403 of the\n\nOklahoma Racketeer-Influenced and Corrupt Organizations Act, the\n\nrunning of the period of limitations prescribed by this section with\n\nrespect to any cause of action of an aggrieved person, based in\n\nwhole or in part upon any matter complained of in any such\n\nprosecution, action, or proceeding shall be suspended during the\n\npendency of such prosecution, action, or proceeding and for two (2)\n\nyears following its termination.\n\nF. Service of process in an action pursuant to the provisions\n\nof this section may be made upon any person outside the state if the\n\nperson was a principal in any conduct constituting a violation of\n\nthe provisions of the Oklahoma Racketeer-Influenced and Corrupt\n\nOrganizations Act in this state. The person shall be deemed to have\n\nthereby submitted himself to the jurisdiction of the courts of this\n\nstate for the purposes of this section.\n\nG. The application of any civil remedy pursuant to the\n\nprovisions of this section shall not preclude the application of any\n\nother civil or criminal remedy pursuant to the provisions of the\n\nOklahoma Racketeer-Influenced and Corrupt Organizations Act or any\n\nother provision of law. Civil remedies pursuant to the provisions\n\nof this section are supplemental and not mutually exclusive.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"fbc74f838e9903ed86a82c63b4f1d02a5d6da070d43b3097dff4ac815002d0a1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1408","next":"us-ok/okla.-stat.-tit.-22-22-1410"},"notice":"GroundRules: Original legal text. Not legal advice."}