21 U.S.C. Sec. 848 is a law that establishes the criminal enterprise statute, also known as the Racketeer Influenced and Corrupt Organizations (RICO) Act. This law makes it illegal for individuals to participate in a continuing criminal enterprise, which is defined as a group of individuals engaging in a pattern of racketeering activity (e.g., bribery, fraud, money laundering, extortion, etc.) in order to obtain a substantial portion of the proceeds from the criminal enterprise. There are three types of continuing criminal enterprises: (1) the Upper-Level Enterprise, in which a person or group of persons is involved in a pattern of racketeering activity that affects interstate or foreign commerce; (2) the Lower-Level Enterprise, which is a lesser pattern of racketeering activity that affects interstate or foreign commerce; and (3) the Narcotic Enterprise, which is a pattern of racketeering activity involving the sale or distribution of controlled substances. Under 21 U.S.C. Sec. 848, any individual who knowingly participates in a continuing criminal enterprise can be charged with a felony and face a prison sentence of up to 20 years.
21 U.S.C. Sec. 848 CONTINUING CRIMINAL ENTERPRISE
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Defending Against CCE And RICO Charges for a larger number of crimes, the penalties for violating these laws can be particularly severe. RICO provides for up to 20 years in prison per count; CCE mandates a minimum of 20 years per count, up to life imprisonment, along with fines up to $2 million.
State predicate crimes include murder, kidnaping, gambling, arson, robbery, bribery, extortion, and drug offenses. The statute defines enterprise to include any individual, partnership, corporation, association, or other legal entity, or any group of individuals who, though not a legal entity, are associated in fact.
Ing to the FBI, a criminal enterprise is a structured organization engaging in acts of criminal conspiracy and/or criminal activity. Among the common criminal enterprises are drug-trafficking organizations, street gangs, and organized crime syndicates.
Any business-related act that uses deceit, deception, or dishonesty to carry out criminal enterprise. Stings and Swindles. A white-collar crime in which people use their institutional or business position to trick others out of their money.
Sometimes intimidation, threats and/or force are also needed to protect those operations. These elements comprise organized crime as a continuing criminal enterprise. Organized crime is a continuing criminal enterprise that rationally works to profit from illicit activities that are often in great public demand.
The Continuing Criminal Enterprise Statute is a federal law that punishes large scale drug traffickers. This serious crime can result in a mandatory minimum sentence of 20 years in prison and fines of up to $2 million.
But what do we mean by ?criminal enterprise?? The FBI defines a criminal enterprise as ?a group of individuals with an identified hierarchy, or comparable structure, engaged in significant criminal activity.? Typically, we think of drug cartels, racketeering enterprises, or even the Gestapo.
The Continuing Criminal Enterprise Statute (commonly referred to as CCE Statute or Kingpin Statute) is a United States federal law that targets large-scale drug traffickers who are responsible for long-term and elaborate drug conspiracies.