Provisional attachment of properties acquired from proceeds of...

Provisional attachment of properties acquired from proceeds of crime may be sustained despite asserted prior sales, partial sales, or mortgages where recipients of funds from an accused entity cannot establish genuine business activity or an independent source for acquiring the properties. Properties traced to tainted funds through entities controlled by the accused remain subject to attachment. A person who has already sold a property has no subsisting interest to challenge its attachment; any purchaser may pursue an independent remedy. Mortgages do not by themselves require release of attached property, while any valid independent claim of a financial institution or other third party remains open.