Okla. Stat. tit. 36, § 36-365

A. The following are subject to forfeiture:

1. Any tool used to commit an insurance-related crime;

2. Any implement of an insurance-related crime;

3. Any instrumentality of an insurance-related crime; and

4. Any fruit of an insurance-related crime.

B. A forfeiture of an item or other conveyance encumbered by a

bona fide security interest is subject to the interest of the

secured party where the secured party neither had knowledge of nor

consented to the act or omission forming the ground for the

forfeiture.

C. Property, described in subsection A of this section, seized

and held for forfeiture shall not be subject to replevin and is

subject only to the order and judgments of a court of competent

jurisdiction hearing the forfeiture proceedings.

D. 1. The district attorney in the county where the seizure

occurs or the Attorney General or the Insurance Department shall

bring an action for forfeiture in a court of competent jurisdiction.

The forfeiture action shall be brought within sixty (60) days from

the date of seizure except where the attorney prosecuting the

forfeiture in the sound exercise of discretion determines that no

forfeiture action should be brought because of the rights of

property owners, lienholders or secured creditors or because of

exculpatory, exonerating or mitigating facts and circumstances.

2. The attorney prosecuting the forfeiture shall give notice of

the forfeiture proceeding by mailing a copy of the complaint in the

forfeiture proceeding to each person whose right, title, or interest

of record in the Oklahoma Tax Commission, the Department of Public

Safety, the Federal Aviation Agency, or any other department of the

state or any other state or territory of the United States, or of

the federal government, if the property is required to be registered

in any such department.

3. Notice of the proceeding shall be given to any other person

as may appear, from the facts and circumstances, to have any right,

title or interest in or to the property.

4. The owner of the property or any person having or claiming

right, title or interest in the property may, within sixty (60) days

after the mailing of the notice, file a verified answer to the

complaint and may appear at the hearing on the action for

forfeiture.

5. The attorney prosecuting the forfeiture shall show at a

forfeiture hearing, by a preponderance of the evidence, that the

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property was used in the commission of a violation of an insurance-

related crime, or was the fruit of an insurance-related crime.

6. The owner of property may show by a preponderance of the

evidence that the owner did not know and did not have reason to know

that the property was to be used or possessed in the commission of

any violation or that any of the exceptions to forfeiture are

applicable.

7. Unless the attorney prosecuting the forfeiture shall make

the showing required of it, the court shall order the property

released to the owner. Where the attorney prosecuting the

forfeiture has made such a showing, the court may order:

a. the property to be destroyed by the agency which

seized it or some other agency designated by the

court,

b. the property be delivered and retained for use by the

Insurance Department, or

c. the property be sold at public sale.

E. A copy of a forfeiture order shall be filed with the sheriff

of the county in which the forfeiture occurs and with each federal

or state department with which the property is required to be

registered. The order, when filed, constitutes authority for the

issuance to the Insurance Department of a title certificate,

registration certificate or other special certificate as may be

required by law considering the condition of the property.

F. Proceeds from sale at public auction, after payment of all

reasonable charges and expenses incurred by the agency designated by
required to be

registered. The order, when filed, constitutes authority for the

issuance to the Insurance Department of a title certificate,

registration certificate or other special certificate as may be

required by law considering the condition of the property.

F. Proceeds from sale at public auction, after payment of all

reasonable charges and expenses incurred by the agency designated by

the court to conduct the sale in storing and selling the property,

shall be paid to the Insurance Department Anti-Fraud Revolving Fund.

G. Seizing agencies shall utilize their best efforts to arrange

for the towing and storing of motor vehicles in the most economical

manner possible. The owner of a motor vehicle or a motor vehicle

part shall not be required to pay more than the minimum reasonable

costs of towing and storage.

H. A seized item that is neither forfeited nor unidentifiable

shall be held subject to the order of the court in which the

criminal action is pending or, if a request for its release from the

custody is made until the district attorney has notified the

defendant or the defendant's attorney of the request and both the

prosecution and defense have been afforded a reasonable opportunity

for an examination of the property to determine its true value and

to produce or reproduce, by photographs or other identifying

techniques, legally sufficient evidence for introduction at trial or

other criminal proceedings. Upon expiration of a reasonable time

for the completion of the examination which shall not exceed

fourteen (14) days from the date of service upon the defense of the

notice of request for return of property as provided, the property

shall be released to the person making the request after

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satisfactory proof of the person's entitlement to the possession

thereof. Upon application by either party with notice to the other,

the court may order retention of the property if it determines that

retention is necessary in the furtherance of justice.

I. When a seized item is forfeited, restored to its owner or

disposed of as unidentifiable, the seizing agency shall retain a

report of the transaction for a period of at least one (1) year from

the date of the transaction.

J. When an applicant for a certificate of title or salvage

certificate presents to the Oklahoma Tax Commission proof that the

applicant purchased or acquired an item at a public sale conducted

pursuant to this section and the fact is attested to by the seizing

agency, the Oklahoma Tax Commission shall issue the appropriate

certificate of title upon receipt of the statutory fee and properly

executed application for a certificate of title.