INDIANA’S FORFEITURE STATUTE DOES NOT APPLY TO FRAUD OR COPYRIGHT INFRINGEMENT

After Michael Curtis pled guilty to fraud for selling pirated movies out of his truck, a trial
judge erred in denying his motion for relief from judgment following the forfeiture of his
truck. The forfeiture was based on the assumption that the content of the pirated movies
sold out of Curtis's truck constituted "stolen..or converted property" pursuant to Indiana’s
forfeiture statute, Ind. Code ' 34 24 1 1(a)(1)(B). However, copyright infringement
does not constitute theft under established U.S. Supreme Court precedent. See Dowling
v. United States, 473 U.S. 207, 105 S.Ct. 3127, 87 L.Ed.2d 152 (1985). Furthermore, the
statute clearly allows forfeiture in cases of theft or conversion but says nothing about
copyright infringement or... fraud. As forfeiture of his truck was not authorized by
statute, Curtis established extraordinary circumstances justifying relief. See Curtis v.
State, 981 N.E.2d 625 (Ind.Ct.App. 2013).