8.160 RICO-Conducting Affairs of Commercial Enterprise or Union (18 U.S.C. Sec. 1962(c))

• Category: Federal - Jury Instructions - 9th Circuit - Criminal
• State: Multi-State
• Control #: US-JURY-9THCIR-8-160-CR
• Format: Rich Text

Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 8.160 RICO-Conducting Affairs of Commercial Enterprise or Union (18 U.S.C. Sec. 1962(c)) is a section of the Racketeer Influenced and Corrupt Organizations Act (RICO). It prohibits any person from using income derived from a pattern of racketeering activity to acquire or maintain an interest in or control of a business enterprise or a labor union. This section applies to any business enterprise, which includes any corporation, trust, partnership, sole proprietorship, joint venture, holding company, or other legal commercial entity, as well as any union or labor organization. The types of activities that constitute a "pattern of racketeering activity" include mail fraud, wire fraud, extortion, embezzlement, money laundering, bribery, and illegal gambling, among others. This section prohibits using the proceeds of these activities to acquire or maintain an interest in or control of a business or labor union. It also prohibits using proceeds to operate the business or union, or to invest in it. The penalties for violating this section of the RICO Act can include fines up to $25,000 and a prison sentence of up to 20 years.

8.160 RICO-Conducting Affairs of Commercial Enterprise or Union (18 U.S.C. Sec. 1962(c)) is a section of the Racketeer Influenced and Corrupt Organizations Act (RICO). It prohibits any person from using income derived from a pattern of racketeering activity to acquire or maintain an interest in or control of a business enterprise or a labor union. This section applies to any business enterprise, which includes any corporation, trust, partnership, sole proprietorship, joint venture, holding company, or other legal commercial entity, as well as any union or labor organization. The types of activities that constitute a "pattern of racketeering activity" include mail fraud, wire fraud, extortion, embezzlement, money laundering, bribery, and illegal gambling, among others. This section prohibits using the proceeds of these activities to acquire or maintain an interest in or control of a business or labor union. It also prohibits using proceeds to operate the business or union, or to invest in it. The penalties for violating this section of the RICO Act can include fines up to $25,000 and a prison sentence of up to 20 years.