18 U.S.C. Sec. 1961(4) ENTERPRISE - LEGAL ENTITY

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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm

18 U.S.C. Sec. 1961(4) defines an "enterprise" as a legal entity, which can include corporations, partnerships, associations, joint-stock companies, trusts, unions, and any other organization or group of individuals associated in fact. This definition applies to the provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO), which is a federal law that provides a civil cause of action for a person or organization that has suffered an injury as a result of racketeering activity. Under RICO, an "enterprise" includes any individual, group, or entity that is engaged in, or the activities of which affect, interstate or foreign commerce. This definition is very broad and includes entities that are not normally considered to be legal entities, such as groups of individuals who are associated in fact.

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FAQ

To charge under RICO, at least two predicate crimes within 10 years must have been committed through the enterprise. Note that an enterprise is required. This might be a crime family, a street gang or a drug cartel. But it may also be a corporation, a political party, or a managed care company.

At the state level, racketeering includes crimes such as murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matters, and drug crimes.

To violate RICO, a person must engage in a pattern of racketeering activity connected to an enterprise. The law defines 35 offenses as constituting racketeering, including gambling, murder, kidnapping, arson, drug dealing, bribery. Significantly, mail and wire fraud are included on the list.

? (1) ''racketeering activity'' means (A) any act or threat. involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled. substance or listed chemical (as defined in section 102 of the. Controlled Substances Act), which is chargeable under State law.

Modern racketeering crimes include credit card frauds, data theft, and cybercrimes. They belong to the category of white-collar crimes.

Racketeering is a federal crime, typically categorized as a white-collar crime, that involves the use of an illegal enterprise to commit fraud or other crimes. It's typically associated with organized crime and can include a wide range of activities, from narcotics trafficking to money laundering.

Racketeering, or "organized crime," is a type of criminal activity that includes extortion, fraud, trafficking in contraband goods or illegal drugs, and labor racketeering such as union corruption and bribery.

It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.

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18 U.S.C. Sec. 1961(4) ENTERPRISE - LEGAL ENTITY