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RICO - Criminal Forfeiture of Property (18 U.S.C.Sec. 1963)

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RICO - Criminal Forfeiture of Property (18 U.S.C.Sec. 1963) Source: http://www.ca3.uscourts.gov/model-criminal-jury-table-contents-and-instructions

RICO — Criminal Forfeiture of Property (18 U.S.C. Sec. 1963) is a federal law which allows for the forfeiture of property which is used in or derived from criminal activity. The law applies to any person convicted of the violation of a RICO (Racketeer Influenced and Corrupt Organizations) offense, including racketeering, wire fraud, mail fraud, and money laundering. The law also applies to any person involved in the collection of an unlawful debt. The types of RICO — Criminal Forfeiture of Property (18 U.S.C. Sec. 1963) are: • Civil Forfeiture: This type of forfeiture applies to property which has been used in or acquired through unlawful activity. The court can order the forfeiture of any property involved in the criminal activity, including money, real estate, vehicles, and other items of value. • Criminal Forfeiture: This type of forfeiture applies to property which is owned by the person charged with a RICO offense. The court can order the forfeiture of any property owned by the defendant at the time of the offense, including money, real estate, vehicles, and other items of value. • Joinseveralaliabilitiesty: This type of forfeiture applies to any property which has been acquired by two or more persons in furtherance of a RICO offense. The court can order the forfeiture of any property owned by the persons charged with a RICO offense, including money, real estate, vehicles, and other items of value.

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FAQ

Title 18, United States Code § 2 now provides: (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.

? (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.

The Racketeer Influenced and Corrupt Organizations Act (RICO) of 1970 seeks to strengthen the legal tools in evidence gathering by establishing new penal prohibitions and providing enhanced sanctions and new remedies for dealing with the unlawful activities of those engaged in organized crime.

The term ?obligation or other security of the United States? includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills

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.

Any property constituting, or derived from, any proceeds which the person obtained, directly or indirectly, from racketeering activity or unlawful debt collection in violation of section 1962.

The Racketeer Influenced and Corrupt Organizations Act (RICO) is described, and elements of a civil RICO claim are identified. RICO is a remedial statute which authorizes enhanced criminal penalties and public and private civil suits against violators.

More info

(b) Property subject to criminal forfeiture under this section includes—. (1). CHAPTER 96—RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ; Sec.; 1961. Definitions. Read Section 1961 - Definitions, 18 U.S.C. § 1961, see flags on bad law, and search Casetext's comprehensive legal database. 4 RICO does not create a new type of. \83\ See 18 U.S.C. Sec. 1963(d)(3) permitting hearsay to be considered in pre-trial hearings in criminal forfeiture cases. Enterprise Affairs ( RICO Conspiracy );. Title 18, U.S.C., Secs. 1963. Criminal. See generally Blakey, Asset Forfeiture Under Federal Criminal Law, in.

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RICO - Criminal Forfeiture of Property (18 U.S.C.Sec. 1963)