Legal Opinion

People v. Mozes

California Court of Appeal

Decided February 17, 2011No. B221020PublishedCited by 5 opinions

1Opinion of the Court

Opinion

COFFEE, J.

The “Freeze and Seize Law” of Penal Code section 186.11 permits the court in certain white-collar criminal cases to take possession of assets under a defendant’s control and preserve them for the payment of restitution.1 (People v. Semaan (2007) 42 Cal.4th 79, 82 [64 Cal.Rptr.3d 1, 163 P.3d 949] (Semaan).) A person who claims an interest in frozen assets may seek their release by filing a verified claim with the superior court. (§ 186.11, subd. (e)(6).) Here, under the facts presented, we decide that the claims of white-collar crime victims have priority over a claimant with…

2Cases cited3 opinions

  1. People v. BirkettCalifornia Supreme Court · 1999
  2. People v. SemaanCalifornia Supreme Court · 2007
  3. Capitol Racing, LLC v. California Horse Racing BoardCalifornia Court of Appeal · 2008

3Cited by5 opinions

  1. P. v. Petronella CA4/3California Court of Appeal · 2013
  2. People v. MartinezCalifornia Court of Appeal · 2017
  3. People v. Shah CA1/2California Court of Appeal · 2016
  4. The People v. PetronellaCalifornia Court of Appeal · 2013
  5. The People v. PetronellaCalifornia Court of Appeal · 2013

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