NC H891

District attorneys may petition the court to freeze a defendant's assets in cases involving financial exploitation of an elder or disabled adult where the alleged value exceeds $5,000.

Frozen assets may be frozen up to 150% of the alleged value of funds, assets, or property for purposes of restitution to the victim.

The standard of proof required to freeze assets is clear and convincing evidence, with procedures governed by Rule 65 of the North Carolina Rules of Civil Procedure.

Defendants or interested parties may file a motion to release frozen assets, with the burden on the State to prove by clear and convincing evidence that the defendant is divesting assets to avoid restitution.

The act becomes effective October 1, 2013, and applies to offenses committed on or after that date.