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2.75.6 RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT-"SECTION B" (Fourth Element-Acquisition of an Interest in or Control of the Enterprise)

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US-JURY-10THCIR-2-75-6
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https://www.ca10.uscourts.gov/sites/default/files/clerk/Jury%20Instructions%20Update%202018.pdf 2.75.6 RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT-"SECTION B" (Fourth Element-Acquisition of an Interest in or Control of the Enterprise) is part of the Racketeer Influenced and Corrupt Organizations Act (RICO). This federal law was enacted in 1970 and is codified in 18 U.S.C. § 1961 et seq. It is designed to combat organized crime by criminalizing racketeering activities and providing for criminal forfeiture and civil remedies. Section B of RICO provides that in order to establish a violation of the statute, a person must engage in certain prohibited activities, which includes the fourth element of acquiring an interest in or control of an enterprise. This element requires that a person acquire or maintain an interest in or control of any enterprise, which is defined as any individual, partnership, corporation, association, or other legal entity, or any union or group of individuals associated in fact although not a legal entity. Such an acquisition must be accomplished through a pattern of racketeering activity. There are two types of acquisitions of interest in or control of the enterprise that are prohibited under RICO: (1) acquiring or maintaining an interest in or control of an enterprise through either a pattern of racketeering activity or a collection of unlawful debt; and (2) infiltrating or influencing an enterprise through a pattern of racketeering activity.

2.75.6 RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT-"SECTION B" (Fourth Element-Acquisition of an Interest in or Control of the Enterprise) is part of the Racketeer Influenced and Corrupt Organizations Act (RICO). This federal law was enacted in 1970 and is codified in 18 U.S.C. § 1961 et seq. It is designed to combat organized crime by criminalizing racketeering activities and providing for criminal forfeiture and civil remedies. Section B of RICO provides that in order to establish a violation of the statute, a person must engage in certain prohibited activities, which includes the fourth element of acquiring an interest in or control of an enterprise. This element requires that a person acquire or maintain an interest in or control of any enterprise, which is defined as any individual, partnership, corporation, association, or other legal entity, or any union or group of individuals associated in fact although not a legal entity. Such an acquisition must be accomplished through a pattern of racketeering activity. There are two types of acquisitions of interest in or control of the enterprise that are prohibited under RICO: (1) acquiring or maintaining an interest in or control of an enterprise through either a pattern of racketeering activity or a collection of unlawful debt; and (2) infiltrating or influencing an enterprise through a pattern of racketeering activity.

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Racketeer Influenced And Corrupt Organizations Act