Racketeer Influenced and Corrupt Organization Act (RICO) - 18 U.S.C. Sec. 1962(c)- Conduct the Affairs of the Enterprise

• Category: Federal - Jury Instructions - 11th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-11THCIR-7-3
• Format: Word

Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions The Racketeer Influenced and Corrupt Organizations Act (RICO) — 18 U.S.C. Sec. 1962(c— - Conduct the Affairs of the Enterprise is a federal criminal law that was enacted in 1970. It is used to prosecute individuals and organizations for their involvement in organized criminal activity. The act prohibits individuals and organizations from conducting the affairs of an enterprise through a pattern of racketeering activity. The term “enterprise” includes businesses, unions, associations, and any other legal entity. The two main types of RICO — 18 U.S.C. Sec. 1962(c— - Conduct the Affairs of the Enterprise are (1) substantive RICO and (2) conspiracy RICO. Substantive RICO involves the actual commission of the prohibited activities, while conspiracy RICO prohibits individuals and organizations from entering into an agreement to commit a pattern of racketeering activity. The four elements for a substantive RICO violation are (1) an enterprise; (2) through a pattern of racketeering activity; (3) conducted; and (4) to acquire or maintain an interest in or control of the enterprise. The prohibited activities under RICO include any act or threat of murder, kidnapping, gambling, arson, robbery, bribery, extortion, or dealing in a controlled substance. The criminal penalties for a conviction under RICO can include fines, imprisonment, and forfeiture of assets. Additionally, the courts may issue civil remedies, such as an injunction, to stop the activities of the individuals and organizations found to be in violation of RICO.

The Racketeer Influenced and Corrupt Organizations Act (RICO) — 18 U.S.C. Sec. 1962(c— - Conduct the Affairs of the Enterprise is a federal criminal law that was enacted in 1970. It is used to prosecute individuals and organizations for their involvement in organized criminal activity. The act prohibits individuals and organizations from conducting the affairs of an enterprise through a pattern of racketeering activity. The term “enterprise” includes businesses, unions, associations, and any other legal entity. The two main types of RICO — 18 U.S.C. Sec. 1962(c— - Conduct the Affairs of the Enterprise are (1) substantive RICO and (2) conspiracy RICO. Substantive RICO involves the actual commission of the prohibited activities, while conspiracy RICO prohibits individuals and organizations from entering into an agreement to commit a pattern of racketeering activity. The four elements for a substantive RICO violation are (1) an enterprise; (2) through a pattern of racketeering activity; (3) conducted; and (4) to acquire or maintain an interest in or control of the enterprise. The prohibited activities under RICO include any act or threat of murder, kidnapping, gambling, arson, robbery, bribery, extortion, or dealing in a controlled substance. The criminal penalties for a conviction under RICO can include fines, imprisonment, and forfeiture of assets. Additionally, the courts may issue civil remedies, such as an injunction, to stop the activities of the individuals and organizations found to be in violation of RICO.