§ 1311. Forfeiture actions. 1. A civil action may be commenced by the\nappropriate claiming authority against a criminal defendant to recover\nthe property which constitutes the proceeds of a crime, the substituted\nproceeds of a crime, an instrumentality of a crime or the real property\ninstrumentality of a crime. A civil action may be commenced against a\nnon-criminal defendant to recover the property which constitutes the\nproceeds of a crime, the substituted proceeds of a crime, an\ninstrumentality of a crime, or the real property instrumentality of a\ncrime provided, however, that a judgment of forfeiture predicated upon\nclause (A) of subparagraph (iv) of paragraph (b) of subdivision three of\nthis section shall be limited to the amount of the proceeds of the\ncrime. Any action under this article must be commenced within five years\nof the commission of the crime and shall be civil, remedial, and in\npersonam in nature and shall not be deemed to be a penalty or criminal\nforfeiture for any purpose. Except as otherwise specially provided by\nstatute, the proceedings under this article shall be governed by this\nchapter. An action under this article is not a criminal proceeding and\nmay not be deemed to be a previous prosecution under article forty of\nthe criminal procedure law.\n (a) Actions relating to post-conviction forfeiture crimes. An action\nrelating to a post-conviction forfeiture crime must be grounded upon a\nconviction of a felony defined in subdivision five of section one\nthousand three hundred ten of this article or upon a count of an\nindictment or information alleging a felony which was dismissed at the\ntime of a plea of guilty to a felony in satisfaction of such count. A\ncourt may not grant forfeiture until such conviction has occurred.\nHowever, an action may be commenced, and a court may grant a provisional\nremedy provided under this article, prior to such conviction having\noccurred. An action under this paragraph must be dismissed at any time\nafter sixty days of the commencement of the action unless the conviction\nupon which the action is grounded has occurred, or an indictment or\ninformation upon which the asserted conviction is to be based is pending\nin a superior court. An action under this paragraph shall be stayed\nduring the pendency of a criminal action which is related to it;\nprovided, however, that such stay shall not prevent the granting or\ncontinuance of any provisional remedy provided under this article or any\nother provisions of law.\n (b) Actions relating to pre-conviction forfeiture crimes. An action\nrelating to a pre-conviction forfeiture crime need not be grounded upon\nconviction of a pre-conviction forfeiture crime, provided, however, that\nif the action is not grounded upon such a conviction, it shall be\nnecessary in the action for the claiming authority to prove the\ncommission of a pre-conviction forfeiture crime by clear and convincing\nevidence. An action under this paragraph shall be stayed during the\npendency of a criminal action which is related to it; provided, that\nupon motion of a defendant in the forfeiture action or the claiming\nauthority, a court may, in the interest of justice and for good cause,\nand with the consent of all parties, order that the forfeiture action\nproceed despite the pending criminal action; and provided that such stay\nshall not prevent the granting or continuance of any provisional remedy\nprovided under this article or any other provision of law.\n 2. All defendants in a forfeiture action brought pursuant to this\narticle shall have the right to trial by jury on any issue of fact.\n 3. In a forfeiture action pursuant to this article the following\nburdens of proof shall apply:\n (a) In a forfeiture action commenced by a claiming authority against a\ncriminal defendant, except for those facts referred to in paragraph (b)\nof subdivision nine of section one thousand three hundred ten and\nparagaph (b) of subdivision one of th
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