18 U.S.C. Sec. 1963(A)(3) FORFEITURE ELEMENTS

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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)(3) FORFEITURE ELEMENTS refers to the specific types of assets that are subject to forfeiture when a person is convicted of a racketeering offense under the Racketeer Influenced and Corrupt Organizations (RICO) Act. The types of assets subject to forfeiture under this section include the person’s interest in any enterprise established or operated in violation of the RICO Act, any property constituting or derived from any proceeds obtained directly or indirectly from the offense, and any property used or intended to be used to commit or facilitate the commission of the offense. Furthermore, the court may order the forfeiture of the property of the convicted person, any person who conspired to commit the offense, or any person who aided or abetted the offense.

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FAQ

§982. Criminal forfeiture. (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.

? (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.

§1962. (b) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.

The term ?obligation or other security of the United States? includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills

The Assimilative Crimes Act, 18 U.S.C. § 13, makes state law applicable to conduct occurring on lands reserved or acquired by the Federal government as provided in 18 U.S.C. § 7(3), when the act or omission is not made punishable by an enactment of Congress.

CHAPTER 95 ?RACKETEERING Interference with commerce by threats or violence. 1952. Interstate and foreign travel or transportation in aid of racketeering enterprises.

"There are two elements in mail fraud: (1) having devised or intending to devise a scheme to defraud (or to perform specified fraudulent acts), and (2) use of the mail for the purpose of executing, or attempting to execute, the scheme (or specified fraudulent acts)." Schmuck v.

Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.

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18 U.S.C. Sec. 1963(A)(3) FORFEITURE ELEMENTS