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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