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18 U.S.C. Sec. 1963(A)(1) FORFEITURE ELEMENTS

18 U.S.C. Sec. 1963(A)(1) FORFEITURE ELEMENTS

Name: 18 U.S.C. Sec. 1963(A)(1) FORFEITURE ELEMENTS
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Federal - Jury Instructions - 7th Circuit

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Multi-State

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US-JURY-7THCIR-18-1963-A-1

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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm 18 U.S.C. Sec. 1963(A)(1) FORFEITURE ELEMENTS is a section of the United States Code that outlines the requirements for the forfeiture of property associated with criminal racketeering activity. This section specifies that any person convicted of an offense under section 1962 of the United States Code shall forfeit to the United States (1) any interest the person has acquired or maintained in violation of section 1962, (2) any property constituting, or derived from, any proceeds which the person obtained, directly or indirectly, from racketeering activity, and (3) any of the person's assets traceable to such proceeds. The three main types of 18 U.S.C. Sec. 1963(A)(1) FORFEITURE ELEMENTS are (1) an interest acquired or maintained in violation of section 1962, (2) any property derived from proceeds obtained from racketeering activity, and (3) assets traceable to such proceeds.

18 U.S.C. Sec. 1963(A)(1) FORFEITURE ELEMENTS is a section of the United States Code that outlines the requirements for the forfeiture of property associated with criminal racketeering activity. This section specifies that any person convicted of an offense under section 1962 of the United States Code shall forfeit to the United States (1) any interest the person has acquired or maintained in violation of section 1962, (2) any property constituting, or derived from, any proceeds which the person obtained, directly or indirectly, from racketeering activity, and (3) any of the person's assets traceable to such proceeds. The three main types of 18 U.S.C. Sec. 1963(A)(1) FORFEITURE ELEMENTS are (1) an interest acquired or maintained in violation of section 1962, (2) any property derived from proceeds obtained from racketeering activity, and (3) assets traceable to such proceeds.

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Penalties for 18 U.S.C. A violation of Section 641 subjects the defendant to a potential maximum of 10 years in federal prison and a fine, though if the property is valued at less than $1,000, the maximum term of imprisonment decreases to one year plus a fine.

Under federal laws of the United States, law enforcement agencies and prosecutors are allowed to seize property and money from people convicted of certain federal offenses, which is called a ?forfeiture,? and most common in drug trafficking and related cases.

? (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.

Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.

18 U.S. Code § 1461 - Mailing obscene or crime-inciting matter U.S. Code US Law LII / Legal Information Institute.

(a)(1) The court, in imposing sentence on a person convicted of an offense in violation of section 1956, 1957, or 1960 of this title, shall order that the person forfeit to the United States any property, real or personal, involved in such offense, or any property traceable to such property.

§981. Civil forfeiture. (a)(1) The following property is subject to forfeiture to the United States: (A) Any property, real or personal, involved in a transaction or attempted transaction in violation of section 1956, 1957 or 1960 of this title, or any property traceable to such property.

§1964 (civil RICO) which permits the court to disgorge an enterprise's assets may not be used to remedy a past act of racketeering. Rather, the provision may only be invoked to prevent future illegal activity. The standard of proof in a RICO criminal forfeiture proceeding is proof beyond a reasonable doubt.

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(b) Property subject to criminal forfeiture under this section includes—. (1). 18 U.S.C. 981.Civil Forfeiture (text). If the indictment contains notice that the government will seek forfeiture of property as part of sentencing, in accordance with 18 U.S.C. §. 302, Pub L No 98-473, 98 Stat 1837, 2040, codified at 18 USC ? 18 U.S.C. § 1962: Prohibited Activities . Modern forfeiture is a creature of statute that calls for the confiscation of certain property related to a criminal offense. 1 extensively revised crimi. The Comprehensive Crime Control Act of 1984 nal forfeiture law and procedure. § 982, incorporates certain forfeiture procedures of the Comprehensive Drug Abuse and Control Act of. 1970.

18 U.S.C. Sec. 1963(A)(1) FORFEITURE ELEMENTS

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