18 U.S.C. Sec. 1963(B) is a federal statute that defines the types of property that may be subject to forfeiture in criminal racketeering cases. Specifically, the statute defines "property" as including: real estate, money, securities, tangible and intangible personal property, and any interest in these types of property. The statute also states that property includes proceeds derived from the illegal activity, as well as any property traceable to such proceeds. Additionally, the statute allows for the forfeiture of substitute assets in the event that the original property is no longer available.
18 U.S.C. Sec. 1963(B) DEFINITION OF PROPERTY
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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
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FAQ
The Racketeer Influenced and Corrupt Organizations Act (RICO) is described, and elements of a civil RICO claim are identified. RICO is a remedial statute which authorizes enhanced criminal penalties and public and private civil suits against violators.
Title 18, United States Code § 2 now provides: (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
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.
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.
? (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.
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
Any property constituting, or derived from, any proceeds which the person obtained, directly or indirectly, from racketeering activity or unlawful debt collection in violation of section 1962.