Okla. Stat. tit. 22, § 22-1412

A. At any time after the institution of any civil proceeding or

at any time after the filing of an indictment or information

pursuant to the provisions of the Oklahoma Racketeer-Influenced and

Corrupt Organizations Act, the state may file a lien notice in the

official records as may be required for perfecting a security

interest for any given property. A filing fee in the amount as

required by law for the filing of a mechanic's or materialmen's lien

shall be required as a condition for filing the lien notice, and the

county clerk, upon the presentation of such lien notice, shall

immediately record it in the official records.

B. The lien notice shall be signed by the Attorney General or

by a district attorney. The notice shall be in such form as the

Attorney General prescribes and shall set forth the following

information:

1. The name of the person against whom the proceeding has been

brought or who has been charged or indicted for a violation of this

act and any other names under which the person may be known. The

Attorney General or district attorney may also name in the lien

notice any enterprise that is either controlled by or entirely owned

by the person;

2. If known to the Attorney General or district attorney, the

present residence and business addresses of the persons named in the

lien notice;

3. A reference to the criminal or civil proceeding stating that

a proceeding pursuant to the provisions of the Oklahoma Racketeer-

Influenced and Corrupt Organizations Act has been brought against

the person named in the lien notice or that the person has been

charged or indicted for a violation of this act, the name of the

county or counties where the proceeding has been brought or the

conviction was made and any other lien notices filed, and, if known

to the Attorney General or district attorney at the time of filing

the lien notice, the case number of the proceeding;

Oklahoma Statutes - Title 22. Criminal Procedure Page 550

4. A statement that the notice is being filed pursuant to the

provisions of the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act; and

5. The name and address of the Attorney General or the district

attorney filing the lien notice.

A lien notice shall apply only to one person and, to the extent

applicable, the names of enterprises, to the extent permitted in

this section. A separate lien notice shall be filed for any other

person against whom the Attorney General or district attorney

desires to file a lien notice pursuant to the provisions of this

section.

C. Within ten (10) days after filing of each lien notice, the

Attorney General or district attorney shall furnish to the person

named in the notice by certified mail, return receipt requested, to

the last-known business or residential address, a copy of the

recorded notice. In the event the person cannot be served by

certified mail, service may be by publication pursuant to Section

2004 of Title 12 of the Oklahoma Statutes.

D. From the time of its filing, a lien notice creates a lien in

favor of the state on the following property of the person named in

the notice:

1. Any personal or real property owned by the person under any

name set forth in the lien notice which is situated in the county

where the notice is filed; and

2. Any beneficial interest of said property owned by the person

under any name located in the county where the notice is filed.

The lien shall commence and attach as of the time of filing of

the lien notice and shall continue thereafter until expiration,

termination, or release of the lien. The lien created in favor of

the state shall be superior and prior to the interest of any other

person in the personal or real property or beneficial interest in

said property, if the interest is acquired subsequent to the filing

of the notice.

E. In conjunction with any civil proceeding:

1. The Attorney General or district attorney may file without
ion,

termination, or release of the lien. The lien created in favor of

the state shall be superior and prior to the interest of any other

person in the personal or real property or beneficial interest in

said property, if the interest is acquired subsequent to the filing

of the notice.

E. In conjunction with any civil proceeding:

1. The Attorney General or district attorney may file without

prior court order in any county a lis pendens pursuant to the

provisions of the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act. In that event, any person acquiring an interest

in the subject real property or beneficial interest in it after the

filing of the lis pendens, shall take the interest subject to the

civil proceeding and any subsequent judgment of forfeiture; and

2. If a lien notice has been filed, the Attorney General or

district attorney may name as defendants, in addition to the person

named in the notice, any person acquiring an interest in the

personal or real property or beneficial interest in it subsequent to

the filing of the notice. If a judgment of forfeiture is entered in

the proceeding in favor of the state, the interest of any person in

Oklahoma Statutes - Title 22. Criminal Procedure Page 551

the property that was acquired subsequent to the filing of the

notice and judgment of forfeiture shall be subject to the notice and

judgment of forfeiture.

F. Upon the entry of a final judgment of forfeiture in favor of

the state, the title to the forfeited real property shall be

transferred to the state and shall be recorded in the official

records of the county where the real property or a beneficial

interest in it is located.

In the case of personal property or a beneficial interest in it,

the property shall be seized if not already in possession of the

state and disposed of in accordance with the Oklahoma Racketeer-

Influenced and Corrupt Organizations Act.

G. If personal or real property or a beneficial interest in it

subject to forfeiture is conveyed, alienated, disposed of, or

otherwise rendered unavailable for forfeiture after the filing of a

lien notice, the state may treat it as a fraudulent and preferential

conveyance and may institute an action in any district court against

the person named in the lien notice, the defendant in the civil

proceeding or the person convicted in the criminal proceeding; and

the court shall enter final judgment against such person or any

beneficial interest in it together with investigative costs and

attorneys fees incurred by the state in the action. If a civil

proceeding is pending, such action shall be filed only in the court

where such civil proceeding is pending.

H. The filing of a lien notice shall not affect the use to

which personal or real property or a beneficial interest in it owned

by the person named in the racketeering lien may be entitled to or

the right of the person to receive any avails, rents, or other

proceeds resulting from the use and ownership of the property,

except for the conveyance of said property, until a judgment of

forfeiture is entered.

I. The term of a lien notice shall be for a period of six (6)

years from the date of filing unless a renewal lien notice has been

filed by the Attorney General or district attorney. In this event,

the term of the renewal lien notice shall be for a period of six (6)

years from the date of its filing. The Attorney General or district

attorney shall be entitled to only one renewal of the lien notice.

J. The Attorney General or district attorney filing the lien

notice may release in whole or in part any lien notice or may

release any personal or real property or beneficial interest in it

from the lien notice upon such terms and conditions as the Attorney

General or district attorney may determine. Any release of a lien

notice executed by the Attorney General or district attorney may be

filed in the official records of any county. No charge or fee shall
ice may release in whole or in part any lien notice or may

release any personal or real property or beneficial interest in it

from the lien notice upon such terms and conditions as the Attorney

General or district attorney may determine. Any release of a lien

notice executed by the Attorney General or district attorney may be

filed in the official records of any county. No charge or fee shall

be imposed for the filing of any release of a lien notice.

K. If no civil proceeding has been instituted by the Attorney

General or district attorney seeking a forfeiture of any property

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owned by the person named in the lien notice, the acquittal in the

criminal proceeding of the person named in the lien notice or the

dismissal of the criminal proceeding, shall terminate the lien

notice. If the civil proceeding has been instituted, in the event

the criminal proceeding has been dismissed or the person named in

the lien notice has been acquitted in the criminal proceeding, the

lien notice shall continue for the duration of the civil proceeding.

L. If no civil proceeding or criminal proceeding is then

pending against the person named in the lien notice, any person

named in a lien notice may apply to the district court in the county

where the notice has been filed for the release or extinguishment of

the notice and the district court shall enter a judgment

extinguishing the lien notice or releasing the personal or real

property or beneficial interest in it from the lien notice.

M. In the event a civil proceeding is pending against a person

named in a lien notice, the district court upon motion by the person

may grant the relief provided for in this section at a hearing held

for that purpose:

1. If a sale of the personal or real property or beneficial

interest in it is pending and the filing of the notice prevents the

sale of the property or interest, the district court shall

immediately enter its order releasing from the lien notice any

specific personal or real property or beneficial interest in it.

The proceeds resulting from the sale of the personal or real

property or beneficial interest in it shall be deposited with the

clerk of the district court, subject to the further order of the

district court; and

2. At the hearing, the district court may release from the lien

notice any personal or real property or beneficial interest in it

upon the posting by such person of such security as is equal to the

value of the personal or real property or beneficial interest in it

owned by such person.