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))
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3d 682, 683 (9th Cir. 1993). "In order to be entitled to an instruction on duress or necessity as a defense to the crime charged, an escapee must first offer evidence justifying his continued absence from custody as well as his initial departure." United States v. Bailey, 444 U.S. 394, 408 (1980).
The Elements of Duress A reasonable fear of imminent death or serious bodily harm. Through the words or actions of another person. With no reasonable opportunity to escape the threat. Through no fault of the defendant.
There are three elements of the duress defense: (1) an immediate threat of death or serious bodily injury, (2) a well-grounded fear that the threat will be carried out, and (3) no reasonable opportunity to escape the threatened harm. United States v. Shapiro, 669 F. 2d 593, 596 (9th Cir.
Requirements of Duress The party is in immediate threat of serious bodily harm or death. The threat made to the victim must be constant.The party believes that the perpetrator of the act will carry out the threat.There is no opportunity to escape safely, except by committing the unlawful act.
To show constructive possession, the government must prove a connection between the defendant and the firearm or ammunition sufficient "to support the inference that the defendant exercised dominion and control over" it. United States v. Carrasco, 257 F. 3d 1045, 1049 (9th Cir.
Thompson, 63 M.J. 228 (the defense of duress applies when the accused has a (1) reasonable apprehension that (2) the accused or another innocent person would (3) immediately suffer death or serious bodily injury if the accused did not commit the act; a reasonable apprehension does not exist if the accused has any