Bobby and Judy Pittman “the Pittmans” and their corporation, Hungry Jacks Foods, Inc. d/b/a Jumping Jacks Convenience Store “Jumping Jacks”, appeal from the trial court’s order that, among other things, appointed a receiver to take control of the assets of and to manage Jumping Jacks. We affirm. On March 8, 2010, the State brought this action under the Georgia Racketeer Influenced and Corrupt Organizations RICO Act. See OCGA § 16-14-1 et seq. The complaint alleged that the Pittmans and Jumping Jacks “the defendants” had engaged in numerous illegal acts of commercial gambling since July 15, 2009, by permitting customers of Jumping Jacks to play electronic gaming devices located on the premises. The complaint alleged that the commercial gambling violated OCGA § 16-12-22 and constituted a racketeering activity under OCGA § 16-14-3 8 and that the association of the Pittmans and Jumping Jacks constituted an “enterprise” under OCGA § 16-14-3 6. The complaint stated that the State was proceeding in personam against the Pittmans and Jumping Jacks, that their actions violated OCGA § 16-4-4 a, b, and c, and that the State was entitled to the relief provided for in OCGA § 16-14-6 a 1 through a 5, including an order divesting them of any interest in any enterprise or property related to the alleged RICO violations. Under OCGA § 16-14-7, the State also proceeded in rem against electronic gaming devices and United States currency that the State alleged were seized on March 8, 2010, and sought forfeiture of that property as well as any other property derived from the racketeering activities.
The State prayed for injunctive relief, alleging that the Pittmans “had in their possession, custody and control both personal and real property . . . which were used to further” the racketeering activities and which “were obtained and/or derived through the unlawful acts.” The State alleged that unless enjoined, the Pittmans would “conceal and dispose of such personal and real property, including money.” The complaint also requested the appointment of a receiver to take control of Jumping Jacks and other in rem property named in the complaint “to insure the availability of such assets to respond to any judgment the court may enter in the action.”
