P.R. Laws tit. 25, § 971d
(a) Any person who violates any of the provisions of subsections (a), (b), (c), and (d) of § 971b of this title, shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for a fixed term of fifteen (15) years. Should there be aggravating circumstances, the fixed term established herein may be increased to a maximum of twenty-five (25) years; should there be extenuating circumstances, it may be reduced to a minimum of ten (10) years.
The court may also impose, at its discretion, a fine of not less than five thousand dollars ($5,000) nor more than twenty-five thousand dollars ($25,000).
In lieu of the fine provided by subsections (a), (b), (c), and (d) [of this section], the person receiving profits or other income from a criminal activity may be fined a sum that shall not exceed twice the gross profits or other income thus obtained.
Any person who violates any of the provisions of subsections (e) through (g) of § 971b of this title shall be guilty of the felony of money laundering and upon conviction thereof shall be punished by imprisonment for a fixed term of twenty (20) years. Should there be aggravating circumstances, the fixed term established herein may be increased to a maximum of thirty (30) years; should there be extenuating circumstances, it may be reduced to a minimum of fifteen (15) years. The court may impose the payment of a fine of not more than five hundred thousand dollars ($500,000), or double the value of the assets involved in the transaction, whichever is greater, or both penalties in the discretion of the court.
(b) In addition to the punishment imposed under this section, the court in pronouncing judgment against such person shall direct the seizure of any property described in clauses (1), (2) and (3) below:
(1) Any interest the person may have acquired or retained in violation of the provisions of § 971b of this title;
(2) any interest in, collateral of, claim against or property or contractual rights of any kind which constitutes a means of influencing any enterprise that the person may have established, operated, controlled or participated in the direction thereof in violation of § 971b of this title, and
(3) any asset which constitutes or may have been received, directly or indirectly, from a criminal activity, (or) from the collection of an illegal debt, or which is the product of a specific illegal activity or money laundering, which are in violation of § 971h of this title.
(c) The property subject to confiscation under this section shall include personal and real property, including rights, privileges, claims and securities.
(d) Any right, title or interest in the property described in subsection (b) of this section shall become property of the Commonwealth of Puerto Rico when an act which causes a confiscation under this section is committed. Any property that is transferred to another person who is not the accused after the commission of such an act may be seized in behalf of the Commonwealth of Puerto Rico, unless the acquirer establishes at a hearing as provided by subsection (l) of this section that he is an acquirer in good faith of said property, and that at the time of the purchase he did not know or had no way of knowing that the property could be seized under the provisions of this section.
(e)
(1) Upon a petition of the prosecution, the court may issue a temporary injunction or a preliminary restraining order, require the posting of a performance bond or take any other measure to preserve the availability of the property described in subsection (b) of this section in order to assure its eventual seizure, if it is proper under this section, under any of the following options.
(A) Upon filing of charges or a complaint, for a violation of this chapter, and alleging that the property with respect to which the order is requested would be subject to seizure in the event of a conviction.
(B) After notifying the person with an interest in the property and giving him the opportunity to be heard, but before filing charges or a complaint, if the court determines that:
(i) There is a substantial probability that the Commonwealth of Puerto Rico will prevail in the act of seizure, and if an order to that effect is not issued, the property could be destroyed, removed from the jurisdiction, or in any other way be unavailable for seizure, and
(ii) in the balance of interests, the need to assure the availability of the property by means of the order requested is greater than the loss suffered by any person against whom the order is issued.
An order issued under this paragraph shall be effective for a term not greater than ninety (90) days unless it is extended by the court for just cause or because charges or a complaint were filed as described in paragraph (A) of this clause.
(2) When there is no prior accusation or complaint, the court may issue a preliminary restraining order without having notified the person or having given him the opportunity to be heard if the prosecutor shows that there is sufficient cause to believe that the property on which the order is requested would be subjected to seizure if a conviction takes place and that notification would endanger the availability of the property for seizure. The preliminary injunction shall expire after a term that shall not exceed ten (10) days after the date it is issued, unless it is extended upon a showing of just cause or that the party against whom it is issued agrees to an extension for a longer term. The court shall hold a hearing as soon as possible, prior to the expiration of the temporary restraining order, when a preliminary injunction has been issued and an interested party so requests it.
(3) The Rules of Evidence of the General Court of Justice, App. IV of Title 32, shall not be applicable during any hearing held pursuant to this subsection.
(f) If a person is convicted under the provisions of this chapter, the court will simultaneously issue a seizure order in behalf of the Commonwealth of Puerto Rico and will authorize the Secretary of Justice to confiscate the property under the terms and conditions that the court deems appropriate. After the seizure order is issued, the court, subject to prior request by the prosecutor, may issue the necessary injunction orders, require the execution of the surety bond, name trustees, depositaries, appraisers, accountants or fiduciaries or take any other necessary measures to protect the interests of the Commonwealth of Puerto Rico. Any income obtained or derived from the operation of, or interest in an enterprise whose seizure has been ordered may be used to cover the ordinary and necessary expenses of the enterprise required by law to protect the interests of the Commonwealth of Puerto Rico and third parties.
(g) After the confiscated property is seized, the Secretary of Justice will order the disposition of the property through its sale or any other viable commercial transaction, taking the necessary measures to protect the rights of innocent parties. Any property right or interest which may be exercised by or transferred for value to the Commonwealth of Puerto Rico shall expire and shall not revert to the person convicted. Under no circumstances shall the person convicted, or any person who has acted in common accord with, or in the name of the person convicted, be eligible to acquire the confiscated property in any sale carried out by the Commonwealth of Puerto Rico.
The proceeds from the sale or any other disposition of the property confiscated under this section, as well as confiscated money, shall be used to cover expenses incurred in the confiscation and sale, including those incurred during the impounding, maintenance and custody of the property until its disposition, the advertisements and expenses, court costs and legal fees. The Secretary of Justice shall deliver to the Secretary of the Treasury any amount left over after such expenses have been paid.
(h) With respect to the confiscated property, the Secretary of Justice may:
(1) Grant those requests filed before him to abate the losses caused by the confiscation, return the confiscated property to the victims of activities prohibited by this chapter or take any other action to protect the rights of innocent parties when it is in the interest of justice and not inconsistent with the provisions of this chapter;
(2) settle claims which arise from this section;
(3) grant compensation to persons who provide information that results in the confiscation of property;
(4) carry out disposition proceedings in the name of the Commonwealth of Puerto Rico for all confiscated property through public sale or any other viable commercial transaction taking the necessary measures to protect the rights of innocent parties, and
(5) take the necessary measures to safeguard and conserve the property until its final disposition.
(i) The Secretary of Justice shall adopt regulations to:
(1) Provide the means to be used to notify persons who may have an interest in the confiscated property;
(2) attend and resolve those requests for abatement of the losses caused by the confiscation that have been filed before him;
(3) return the confiscated property to the victims of prohibited activities as defined by this chapter who request the return or abatement of losses caused by the confiscation;
(4) establish the method of disposition of the confiscated property by the Commonwealth of Puerto Rico through public sale or any other viable commercial transaction;
(5) maintain and conserve any property confiscated under this section until its disposition;
(6) settle claims that arise from this chapter, and
(7) establish the method for compensating persons who provide information that results in the confiscation of property.
Until said regulations are adopted, all the legal provisions in effect as to the disposition of property or income obtained as a result of sales, from the settlement of claims and the granting of compensation to informers with regard to the confiscations that may apply and are not contrary to the provisions adopted herein, shall be applicable.
(j) Except as provided by subsection ( l ) of this section, no person who claims an interest in a property subject to confiscation may:
(1) Join in an action or appeal of a sentence in a criminal case that involves the confiscation of such property under this section, or
(2) bring action against the Commonwealth of Puerto Rico with regard to the validity of his alleged interest in the property after the filing of charges or a complaint in which it is alleged that the property is subject to confiscation.
(k) In order to facilitate the identification or location of the confiscated property and the consideration of requests filed for the return or abatement of losses caused by the confiscation after the order is issued to confiscate property in behalf of the Commonwealth of Puerto Rico the court, by request of the prosecutor, may direct that depositions be taken from witnesses whose testimony is related to the confiscated property and may also direct that any books, documents, records, recordings or other nonprivileged material be produced in the same manner provided for the taking of dispositions under Rule 94 of Ap. II of Title 34 of the Rules of Criminal Procedure.
(l)
(1) Once an order to confiscate is issued under this section, the Secretary of Justice shall publish in a newspaper of general circulation a notice of the order and his intention of disposing of the confiscated property. The Secretary may notify any person about whom he has knowledge that he has alleged having an interest in the property subject to a confiscation order by certified mail in lieu of the public notice with regard to those persons, as long as it is feasible.
(2) Any person, except the one convicted, who claims he has a legal interest in the confiscated property, may file an action for a declaratory judgment before the Court of First Instance for it to adjudicate on the validity of his alleged interest in the property within thirty (30) days following the last publication of the notice or from the receipt of the notice provided in clause (1) of this subsection, whichever comes first.
(3) The suit shall be sworn by the petitioner and shall establish the nature and scope of his right, title or interest in the property, the moment and the circumstances of the acquisition of the title or interest in the property, any other additional facts that support his claim and the remedy requested.
(4) The hearing on the suit shall be held within thirty (30) days following the date of filing as long as it is feasible and consistent with the interests of justice. The court may consolidate this hearing with any other suit filed under this subsection by any person except the person convicted.
(5) The court may consider the pertinent part of the criminal case upon which the confiscation order was grounded in addition to the testimony and evidence presented in the hearing by any of the parties.
(6) The court shall amend the confiscation order if it concludes after the hearing that the plaintiff has proven by preponderance of evidence that:
(A) He has a right, title or interest on the property that invalidates the confiscation order in whole or in part, because they are superior to any other right, title or interest of the person convicted at the moment that the acts which gave rise to the confiscation of the property under this section were committed, or
(B) he acquired the right, title or interest in the property in good faith and at the moment of acquisition he had no knowledge that the property was subject to confiscation.
The court shall amend the confiscation order in accordance with its conclusions.
(7) After the court resolves all the suits filed under this subsection or if no suit is filed the title of the confiscated property shall be cleared in behalf of the Commonwealth of Puerto Rico after the term established by clause (2) of this subsection to file such suits has expired and its title may be recorded in the property registry by means of a court order. The Commonwealth of Puerto Rico may transfer a valid title to any person.
(m) The Court of First Instance shall have jurisdiction to issue the orders provided by this section regardless of the location of any property that could be confiscated or that has been ordered confiscated under this section. The Secretary of Justice will seek compliance with the orders issued by the court when the property is found outside the jurisdiction of the Commonwealth of Puerto Rico.
History —July 13, 1978, No. 33, p. 468, § 5; June 4, 1980, No. 107, p. 347, § 1; May 29, 1986, No. 32, p. 81, § 1; Aug. 30, 1992, No. 52, § 5, eff. 30 days after Aug. 30, 1992.