RICO - "Enterprise" Defined Generally

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Multi-State
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US-3RDCIR-6-18-1962C-1-CR
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RICO - "Enterprise" Defined Generally Source: http://www.ca3.uscourts.gov/model-criminal-jury-table-contents-and-instructions

RICO — "Enterprise" Defined Generally is a term that refers to an organization, association, or group of individuals associated in a common purpose and associated through some form of legal entity. This term is generally used in the context of the Racketeer Influenced and Corrupt Organizations Act (RICO), which defines a "racketeering enterprise" as any enterprise that has been engaged in any of the activities listed in the Act, such as bribery, money laundering, drug trafficking, embezzlement, fraud, and extortion. Types of RICO — "Enterprise" Defined Generally include criminal enterprise, corporate enterprise, and non-profit enterprise. A criminal enterprise is any enterprise that is engaged in illegal activities, such as drug trafficking, money laundering, and fraud. A corporate enterprise is any enterprise that is organized and operated by a corporation or other legal entity. A non-profit enterprise is any enterprise that is operated for a charitable, educational, or religious purpose.

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To violate RICO, a person must engage in a pattern of racketeering activity connected to an enterprise. The term enterprise includes both legitimate enterprises and also illegitimate or completely illegal enterprises.It allows prosecution and civil penalties for racketeering activity performed as part of an ongoing criminal enterprise. According to the Court, proving an enterprise exists requires proving that a business association has a fundamental 'structure'. It allows prosecution and civil penalties for racketeering activity performed as part of an ongoing criminal enterprise. In essence, the enterprise is either the 'prize', 'instrument', 'victim', or 'perpetrator' of the racketeers. Enterprise requirement and how it fits into the statute overall. So what did Congress really mean when it set out to combat organized crime? Florida Statutes 895 allows prosecutors to charge a complete enterprise all at once. In the establishment of RICO, there was the fear that assets associated with the enterprise would disappear before a final judgment was issued.

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RICO - "Enterprise" Defined Generally