§ 460.30 Enterprise corruption; forfeiture.\n 1. Any person convicted of enterprise corruption may be required\npursuant to this section to criminally forfeit to the state:\n (a) any interest in, security of, claim against or property or\ncontractual right of any kind affording a source of influence over any\nenterprise whose affairs he has controlled or in which he has\nparticipated in violation of subdivision one of section 460.20 of this\narticle and for which he was convicted and the use of which interest,\nsecurity, claim or right by him contributed directly and materially to\nthe crime for which he was convicted unless such forfeiture is\ndisproportionate to the defendant's gain from his association or\nemployment with the enterprise, in which event the jury may recommend\nforfeiture of a portion thereof;\n (b) any interest, including proceeds, he has acquired or maintained in\nan enterprise in violation of subdivision one of section 460.20 of this\narticle and for which he was convicted unless such forfeiture is\ndisproportionate to the conduct he engaged in and on which the\nforfeiture is based, in which event the jury may recommend forfeiture of\na portion thereof; or\n (c) any interest, including proceeds he has derived from an investment\nof proceeds in an enterprise in violation of subdivision one of section\n460.20 of this article and for which he was convicted unless such\nforfeiture is disproportionate to the conduct he engaged in and on which\nthe forfeiture is based, in which event the jury may recommend\nforfeiture of a portion thereof.\n 2. (a) Forfeiture may be ordered when the grand jury returning an\nindictment charging a person with enterprise corruption has received\nevidence legally sufficient to establish, and providing reasonable cause\nto believe, that the property or other interest is subject to forfeiture\nunder this section. In that event, the grand jury shall file a special\ninformation, not to be disclosed to the jury in the criminal action\nprior to verdict on the criminal charges, specifying the property or\nother interest for which forfeiture is sought and containing a plain and\nconcise factual statement which sets forth the basis for the forfeiture.\nAlternatively, where the defendant has waived indictment and consented\nto be prosecuted by superior court information pursuant to article one\nhundred ninety-five of the criminal procedure law, the prosecutor may\nfile, in addition to the superior court information charging enterprise\ncorruption, a special information specifying the property or other\ninterest for which forfeiture is sought and containing a plain and\nconcise factual statement which sets forth the basis for the forfeiture.\n (b) After returning a verdict of guilty on an enterprise corruption\ncount or counts, the jury shall be given the special information and\nhear any additional evidence which is relevant and legally admissible\nupon the forfeiture count or counts of the special information. After\nhearing such evidence, the jury shall then deliberate upon the\nforfeiture count or counts and, based upon all the evidence received in\nconnection with the indictment or superior court information and the\nspecial information, may, if satisfied by proof beyond a reasonable\ndoubt that the property or other interest, or a portion thereof, is\nsubject to forfeiture under this section return a verdict determining\nsuch property or other interest, or portion thereof, is subject to\nforfeiture, provided, however, where a defendant has waived a jury trial\npursuant to article three hundred twenty of the criminal procedure law,\nthe court may hear and receive all of the evidence upon the indictment\nor superior court information and the special information and render a\nverdict upon the enterprise corruption count or counts and the\nforfeiture count or counts.\n (c) After the verdict of forfeiture, the court shall hear arguments\nand may receive additional evidence upon a motio
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