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New York’s “Son of Sam” Law
Section 632-a of the Executive Law, also known as New York’s “Son of Sam” Law, was enacted in 1977 in response to numerous media offers of payment to David Berkowitz, notoriously known as the “Son of Sam,” for his “story.” The law was intended to divert any such payments to the victims of Berkowitz and the victims of any other criminal who received “profits from a crime.”
The “Son of Sam” Law was amended to its present form on June 25, 2001. This amendment added a new category: “funds of a convicted person.” “Funds of a convicted person” means all funds and property received from any source by a person convicted of a “specified crime.” This definition was added to the law as “profits from a crime” was focused solely on profits directly related to the crime, such as the sale of the criminal’s “story” for a book or movie. The definition of “crime” was also expanded to include federal crimes committed in New York. In addition, anyone paying or receiving “funds of a convicted person” or “profits from a crime” must notify OVS of the existence of the money.
Once OVS is notified of the existence of “funds of a convicted person” OVS determines if the underlying crime, committed by the perpetrator, is in fact a “specified crime” (primarily serious felonies). If the notice is given pursuant to “profits from a crime,” then the crime can be any crime by a perpetrator in New York. OVS will notify the crime victims to inquire if they want OVS to freeze the “funds” or “profits,” in order to give the victim time to retain a lawyer and initiate a lawsuit. The victims have three years to sue the perpetrator from the discovery of “funds of a convicted person” or “profits from a crime.”
The current law has been working effectively and has withstood all legal challenges.
During fiscal year 2011-12, the OVS froze $1,731,159 in funds under “funds of a convicted person.” There was no activity from “profits from a crime.”
FROZEN FUNDS OF A CONVICTED PERSON FISCAL YEAR 2002-2003 THROUGH 2011-12
| FISCAL YEAR |
AMOUNT FROZEN |
| |
|
2002-2003 |
$1,561,888 |
2003-2004 |
$1,277,654 |
2004-2005 |
$1,304,855 |
2005-2006 |
$1,493,185 |
2006-2007 |
$547,741 |
2007-2008 |
$397,284 |
2008-2009 |
$1,334,683 |
2009-2010 |
$3,570,143 |
2010-2011 |
$1,197,610 |
2011-2012 |
$1,731,159 |
