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8.154 Racketeering Enterprise-Proof of Purpose (18 U.S.C. Sec. 1959)

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

8.154 Racketeering Enterprise-Proof of Purpose (18 U.S.C. Sec. 1959) is a federal law that defines the requirements for a racketeering enterprise to be proven in court. The law requires proof that the racketeering enterprise was formed or operated, in part, to engage in any activity that is a violation of federal or state laws relating to organized crime. The types of proof of purpose that can be used to establish the existence of a racketeering enterprise include: evidence of a pattern of racketeering activity; evidence that the enterprise was organized and operated to facilitate the commission of racketeering activity; and evidence of the use of the enterprise as a tool for committing or facilitating racketeering activity. The evidence must also be sufficient to show that the enterprise was engaged in racketeering activity as a continuing part of its business.

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FAQ

Racketeering is the act of acquiring a business through illegal activity, operating a business with illegally-derived income, or using a business to commit illegal acts. The U.S. government introduced the Racketeer Influenced and Corrupt Organizations Act in October 1970 to contain racketeering.

? (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.

Any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

Racketeering is a serious federal offense that carries severe penalties upon conviction in court?including lengthy prison sentences and large fines.

Modern racketeering crimes include credit card frauds, data theft, and cybercrimes. They belong to the category of white-collar crimes.

For attempting or conspiring to commit a crime involving maiming, assault with a dangerous weapon, or assault resulting in serious bodily injury, by imprisonment for not more than three years or a fine of 1 under this title, or both.

§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.

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8.154 Racketeering Enterprise-Proof of Purpose (18 U.S.C. Sec. 1959)