Houston Texas Jury Instruction - RICO - Substantive Offense

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Houston Texas Jury Instruction — RICO (Racketeer Influenced and Corrupt Organizations Act) — Substantive Offense is a crucial component of the criminal justice system in Houston, Texas. RICO is a federal law enacted in 1970 that aims to combat organized crime and corruption by targeting criminal enterprises. The Houston Texas Jury Instruction — RIC— - Substantive Offense provides guidance to the jury on how to determine if the accused individuals or corporations have engaged in a criminal enterprise under RICO. This instruction is crucial in ensuring a fair trial and accurate evaluation of the defendant's alleged involvement in racketeering activities. The RICO statute defines "racketeering activity" to include an extensive list of crimes, such as bribery, counterfeiting, embezzlement, fraud, money laundering, drug trafficking, and various acts of violence. Therefore, the Houston Texas Jury Instruction — RIC— - Substantive Offense allows the jury to fully comprehend the elements of the offense and the specific criminal activities that may qualify as a RICO violation. Specific variations of Houston Texas Jury Instruction — RIC— - Substantive Offense may include: 1. Money Laundering: This instruction focuses on cases where individuals or organizations knowingly process illicitly obtained funds to make them appear legal, obscuring their criminal origin. 2. Securities Fraud: In cases involving securities fraud, this instruction guides the jury on how to assess allegations of manipulation, misrepresentation, or insider trading that might contribute to a broader RICO offense. 3. Extortion: This instruction is relevant in cases where individuals or groups employ threats or coercion to obtain money, property, or services unlawfully. The instruction will outline the elements required to prove extortion as part of a RICO offense. 4. Drug Trafficking: When drug-related offenses incorporate RICO charges, this instruction informs the jury on assessing the accused's involvement in drug-related activities, such as manufacturing, distribution, or financing, within a broader criminal network. 5. Illegal Gambling: This instruction helps the jury evaluate if the defendant played a significant role in facilitating illegal gambling activities, such as running a gambling operation or money laundering through gambling enterprises, as part of a RICO charge. It is important to note that these variations of the Houston Texas Jury Instruction — RIC— - Substantive Offense are not exhaustive, as RICO can encompass a wide range of criminal activities. The instructions provided to the jury ensure a comprehensive understanding of the specific offense alleged in each case, allowing for a fair evaluation of the evidence presented and ensuring justice is served.

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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.

A violation of a state criminal law cannot be used as a predicate act under RICO if the statute of limitations has run out on the prosecution of the state offense.

If a plaintiff succeeds in establishing a civil RICO claim, he or she will be awarded monetary damages, in particular three times the actual damages established at trial plus the plaintiff's attorneys' fees and costs. If a prosecutor establishes a criminal RICO claim, the defendant goes to jail.

To convict a defendant under RICO, the government must prove that the defendant engaged in two or more instances of racketeering activity and that the defendant directly invested in, maintained an interest in, or participated in a criminal enterprise affecting interstate or foreign commerce.

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.

The actions most often invoked by RICO plaintiffs are mail fraud, wire fraud, and fraud in the sale of securities. However, innovative attorneys have also invoked other offenses, such as murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, and drug trafficking.

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.

Beating a RICO charge is tough, but it isn't impossible. If you or your organization is under investigation for RICO charges, you don't just need any lawyer, you need a federal criminal defense lawyer who isn't afraid to go to trial in a federal court.

With regard to the state crimes, the RICO Act states that a violation can be predicated upon ?any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance . . . which is chargeable under State law and punishable by

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.

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More individuals to fill out the picture. If the RICO Act were an effective response to organized crime, then the targeted crimes would presumably have diminished in the low-.

Instead, the RICO crimes that do have any kind of correlation to national security have increased their presence, and their scale. And not just increased the scale, but with a level of precision beyond anyone's control. We are not seeing more criminals, but we are witnessing more criminal organizations that operate with near-perfect impunity. They are getting smarter, more efficient, organized better and, in most cases, using state-of-the-art weapons of mass destruction (nuclear, biological, chemical.) There has been very little public accountability for the many billions of dollars in bribes that Iran has obtained with the proceeds of its illicit nuclear program and that the United States, as a signatory to the nuclear deal, has helped Iran to acquire. These activities, which we know about from leaks like Jane's, have been going on since 2006. Iran has been a major supplier of terrorist financing by funneling drug money through financial intermediaries.

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Houston Texas Jury Instruction - RICO - Substantive Offense