RICO - Conducting or Participating in the Conduct of the Affairs of an Enterprise Through A Pattern Of Racketeering Activity; Elements of the Offense (18 U.S.C. Sec.1962(c))

• Category: Federal - Jury Instructions - 5th Circuit - Criminal - Racketeer Influenced and Corrupt Organizations
• State: Multi-State
• Control #: US-3RDCIR-6-18-1962C-CR
• Format: Word

Description

RICO - Conducting or Participating in the Conduct of the Affairs of an Enterprise Through A Pattern Of Racketeering Activity; Elements of the Offense (18 U.S.C. Sec.1962(c)) Source: http://www.ca3.uscourts.gov/model-criminal-jury-table-contents-and-instructions RICO (Racketeer Influenced and Corrupt Organizations Act) is a federal law that prohibits individuals from conducting or participating in the conduct of the affairs of an enterprise through a pattern of racketeering activity. This federal law is found in Title 18, United States Code, Section 1962(c). The elements of the offense, as stated in 18 U.S.C. Sec. 1962(c), are as follows: # The defendant must have conducted or participated in the conduct of the affairs of an “enterprise”; # The defendant must have done so through a “pattern of racketeering activity”; # The “enterprise” must have been engaged in interstate or foreign commerce or activities affecting interstate or foreign commerce. There are two types of RICO violations: 1) conducting the affairs of the enterprise and 2) participating in the affairs of the enterprise. Conducting the affairs of the enterprise involves establishing the enterprise itself or operating it, while participating in the affairs of the enterprise involves assisting in the operation of the enterprise. To be found guilty of either type of violation, the defendant must have been involved in two or more “acts of racketeering”. Examples of racketeering activities include bribery, money laundering, obstruction of justice, and fraud.

RICO (Racketeer Influenced and Corrupt Organizations Act) is a federal law that prohibits individuals from conducting or participating in the conduct of the affairs of an enterprise through a pattern of racketeering activity. This federal law is found in Title 18, United States Code, Section 1962(c). The elements of the offense, as stated in 18 U.S.C. Sec. 1962(c), are as follows: # The defendant must have conducted or participated in the conduct of the affairs of an “enterprise”; # The defendant must have done so through a “pattern of racketeering activity”; # The “enterprise” must have been engaged in interstate or foreign commerce or activities affecting interstate or foreign commerce. There are two types of RICO violations: 1) conducting the affairs of the enterprise and 2) participating in the affairs of the enterprise. Conducting the affairs of the enterprise involves establishing the enterprise itself or operating it, while participating in the affairs of the enterprise involves assisting in the operation of the enterprise. To be found guilty of either type of violation, the defendant must have been involved in two or more “acts of racketeering”. Examples of racketeering activities include bribery, money laundering, obstruction of justice, and fraud.