What is the legal test for freezing assets of a white collar crime victim?

California, United States of America

The following excerpt is from People v. Mozes, 11 Cal. Daily Op. Serv. 2205, 121 Cal.Rptr.3d 808, 192 Cal.App.4th 1124, 2011 Daily Journal D.A.R. 2 (Cal. App. 2011):

*1126 The "Freeze and Seize Law" of Penal Code section 186.11 permits the court in certain white collar criminal cases to take possession of assets under a defendant's control and preserve them for the payment of restitution.1 ( People v. Semaan (2007) 42 Cal.4th 79, 82, 64 Cal.Rptr.3d 1, 163 P.3d 949 ( Semaan ).) A person who claims an interest in frozen assets may seek their release by filing a verified claim with the superior court. ( 186.11, subd. (e)(6).) Here, under the facts presented, we decide that the claims of white collar crime victims have priority over a claimant with a child support order seeking the same assets.

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