If any of the property described in section 37-2801, Idaho Code, as a result of any act or omission of the defendant:
(1) Cannot be located upon the exercise of due diligence;(2) Has been transferred or sold to, or deposited with, a third party;(3) Has been placed beyond the jurisdiction of the court;(4) Has been substantially diminished in value; or(5) Has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in section 37-2801, Idaho Code.
[37-2814, added 1996, ch. 230, sec. 1, p. 757.]