Here are RICO predicate acts
Sunday, November 18, 2012 17:20
As used in this chapter—
(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 and punishable by imprisonment for more than one year; (B)
any act which is indictable under any of the following provisions of
title 18, United States Code: Section 201 (relating to bribery), section 224 (relating to sports bribery), sections 471, 472, and 473 (relating to counterfeiting), section 659 (relating to theft from interstate shipment) if the act indictable under section 659 is felonious, section 664
(relating to embezzlement from pension and welfare funds), sections
891–894 (relating to extortionate credit transactions), section 1028 (relating to fraud and related activity in connection with identification documents), section 1029 (relating to fraud and related activity in connection with access devices), section 1084 (relating to the transmission of gambling information), section 1341 (relating to mail fraud), section 1343 (relating to wire fraud), section 1344 (relating to financial institution fraud), section 1425 (relating to the procurement of citizenship or nationalization unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (relating to the sale of naturalization or citizenship papers), sections 1461–1465 (relating to obscene matter), section 1503 (relating to obstruction of justice), section 1510 (relating to obstruction of criminal investigations), section 1511 (relating to the obstruction of State or local law enforcement), section 1512 (relating to tampering with a witness, victim, or an informant), section 1513 (relating to retaliating against a witness, victim, or an informant), section 1542 (relating to false statement in application and use of passport), section 1543 (relating to forgery or false use of passport), section 1544 (relating to misuse of passport), section 1546
(relating to fraud and misuse of visas, permits, and other documents),
sections 1581–1592 (relating to peonage, slavery, and trafficking in
persons).,[1]section 1951 (relating to interference with commerce, robbery, or extortion), section 1952 (relating to racketeering), section 1953 (relating to interstate transportation of wagering paraphernalia), section 1954 (relating to unlawful welfare fund payments), section 1955 (relating to the prohibition of illegal gambling businesses), section 1956 (relating to the laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity), section 1958 (relating to use of interstate commerce facilities in the commission of murder-for-hire), section 1960 (relating to illegal money transmitters), sections 2251, 2251A, 2252, and 2260 (relating to sexual exploitation of children), sections 2312 and 2313 (relating to interstate transportation of stolen motor vehicles), sections 2314 and 2315 (relating to interstate transportation of stolen property), section 2318
(relating to trafficking in counterfeit labels for phonorecords,
computer programs or computer program documentation or packaging and
copies of motion pictures or other audiovisual works), section 2319 (relating to criminal infringement of a copyright), section 2319A
(relating to unauthorized fixation of and trafficking in sound
recordings and music videos of live musical performances), section 2320 (relating to trafficking in goods or services bearing counterfeit marks), section 2321
(relating to trafficking in certain motor vehicles or motor vehicle
parts), sections 2341–2346 (relating to trafficking in contraband
cigarettes), sections 2421–24 (relating to white slave traffic),
sections 175–178 (relating to biological weapons), sections 229–229F
(relating to chemical weapons), section 831
(relating to nuclear materials), (C) any act which is indictable under
title 29, United States Code, section 186 (dealing with restrictions on
payments and loans to labor organizations) or section 501(c)
(relating to embezzlement from union funds), (D) any offense involving
fraud connected with a case under title 11 (except a case under section 157
of this title), fraud in the sale of securities, or the felonious
manufacture, importation, receiving, concealment, buying, selling, or
otherwise dealing in a controlled substance or listed chemical (as
defined in section 102 of the Controlled Substances Act), punishable
under any law of the United States, (E) any act which is indictable
under the Currency and Foreign Transactions Reporting Act, (F) any act
which is indictable under the Immigration and Nationality Act, section
274 (relating to bringing in and harboring certain aliens), section 277
(relating to aiding or assisting certain aliens to enter the United
States), or section 278 (relating to importation of alien for immoral
purpose) if the act indictable under such section of such Act was
committed for the purpose of financial gain, or (G) any act that is
indictable under any provision listed in section 2332b(g)(5)(B);
(2)“State”
means any State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, any territory or possession of the United
States, any political subdivision, or any department, agency, or
instrumentality thereof;
(3)“person” includes any individual or entity capable of holding a legal or beneficial interest in property;
(4)“enterprise”
includes any individual, partnership, corporation, association, or
other legal entity, and any union or group of individuals associated in
fact although not a legal entity;
(5)“pattern
of racketeering activity” requires at least two acts of racketeering
activity, one of which occurred after the effective date of this chapter
and the last of which occurred within ten years (excluding any period
of imprisonment) after the commission of a prior act of racketeering
activity;
(6)“unlawful debt” means a debt
(A)
incurred or contracted in gambling activity which was in violation of
the law of the United States, a State or political subdivision thereof,
or which is unenforceable under State or Federal law in whole or in part
as to principal or interest because of the laws relating to usury, and
(B)
which was incurred in connection with the business of gambling in
violation of the law of the United States, a State or political
subdivision thereof, or the business of lending money or a thing of
value at a rate usurious under State or Federal law, where the usurious
rate is at least twice the enforceable rate;
(7)“racketeering
investigator” means any attorney or investigator so designated by the
Attorney General and charged with the duty of enforcing or carrying into
effect this chapter;
(8)“racketeering
investigation” means any inquiry conducted by any racketeering
investigator for the purpose of ascertaining whether any person has been
involved in any violation of this chapter or of any final order,
judgment, or decree of any court of the United States, duly entered in
any case or proceeding arising under this chapter;
(9)“documentary material” includes any book, paper, document, record, recording, or other material; and
(10)“Attorney
General” includes the Attorney General of the United States, the Deputy
Attorney General of the United States, the Associate Attorney General
of the United States, any Assistant Attorney General of the United
States, or any employee of the Department of Justice or any employee of
any department or agency of the United States so designated by the
Attorney General to carry out the powers conferred on the Attorney
General by this chapter. Any department or agency so designated may use
in investigations authorized by this chapter either the investigative
provisions of this chapter or the investigative power of such department
or agency otherwise conferred by law.
[1] So in original.
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As used in this chapter—
(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 and punishable by imprisonment for more than one year; (B)
any act which is indictable under any of the following provisions of
title 18, United States Code: Section 201 (relating to bribery), section 224 (relating to sports bribery), sections 471, 472, and 473 (relating to counterfeiting), section 659 (relating to theft from interstate shipment) if the act indictable under section 659 is felonious, section 664
(relating to embezzlement from pension and welfare funds), sections
891–894 (relating to extortionate credit transactions), section 1028 (relating to fraud and related activity in connection with identification documents), section 1029 (relating to fraud and related activity in connection with access devices), section 1084 (relating to the transmission of gambling information), section 1341 (relating to mail fraud), section 1343 (relating to wire fraud), section 1344 (relating to financial institution fraud), section 1425 (relating to the procurement of citizenship or nationalization unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (relating to the sale of naturalization or citizenship papers), sections 1461–1465 (relating to obscene matter), section 1503 (relating to obstruction of justice), section 1510 (relating to obstruction of criminal investigations), section 1511 (relating to the obstruction of State or local law enforcement), section 1512 (relating to tampering with a witness, victim, or an informant), section 1513 (relating to retaliating against a witness, victim, or an informant), section 1542 (relating to false statement in application and use of passport), section 1543 (relating to forgery or false use of passport), section 1544 (relating to misuse of passport), section 1546
(relating to fraud and misuse of visas, permits, and other documents),
sections 1581–1592 (relating to peonage, slavery, and trafficking in
persons).,[1]section 1951 (relating to interference with commerce, robbery, or extortion), section 1952 (relating to racketeering), section 1953 (relating to interstate transportation of wagering paraphernalia), section 1954 (relating to unlawful welfare fund payments), section 1955 (relating to the prohibition of illegal gambling businesses), section 1956 (relating to the laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity), section 1958 (relating to use of interstate commerce facilities in the commission of murder-for-hire), section 1960 (relating to illegal money transmitters), sections 2251, 2251A, 2252, and 2260 (relating to sexual exploitation of children), sections 2312 and 2313 (relating to interstate transportation of stolen motor vehicles), sections 2314 and 2315 (relating to interstate transportation of stolen property), section 2318
(relating to trafficking in counterfeit labels for phonorecords,
computer programs or computer program documentation or packaging and
copies of motion pictures or other audiovisual works), section 2319 (relating to criminal infringement of a copyright), section 2319A
(relating to unauthorized fixation of and trafficking in sound
recordings and music videos of live musical performances), section 2320 (relating to trafficking in goods or services bearing counterfeit marks), section 2321
(relating to trafficking in certain motor vehicles or motor vehicle
parts), sections 2341–2346 (relating to trafficking in contraband
cigarettes), sections 2421–24 (relating to white slave traffic),
sections 175–178 (relating to biological weapons), sections 229–229F
(relating to chemical weapons), section 831
(relating to nuclear materials), (C) any act which is indictable under
title 29, United States Code, section 186 (dealing with restrictions on
payments and loans to labor organizations) or section 501(c)
(relating to embezzlement from union funds), (D) any offense involving
fraud connected with a case under title 11 (except a case under section 157
of this title), fraud in the sale of securities, or the felonious
manufacture, importation, receiving, concealment, buying, selling, or
otherwise dealing in a controlled substance or listed chemical (as
defined in section 102 of the Controlled Substances Act), punishable
under any law of the United States, (E) any act which is indictable
under the Currency and Foreign Transactions Reporting Act, (F) any act
which is indictable under the Immigration and Nationality Act, section
274 (relating to bringing in and harboring certain aliens), section 277
(relating to aiding or assisting certain aliens to enter the United
States), or section 278 (relating to importation of alien for immoral
purpose) if the act indictable under such section of such Act was
committed for the purpose of financial gain, or (G) any act that is
indictable under any provision listed in section 2332b(g)(5)(B);
(2)“State”
means any State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, any territory or possession of the United
States, any political subdivision, or any department, agency, or
instrumentality thereof;
(3)“person” includes any individual or entity capable of holding a legal or beneficial interest in property;
(4)“enterprise”
includes any individual, partnership, corporation, association, or
other legal entity, and any union or group of individuals associated in
fact although not a legal entity;
(5)“pattern
of racketeering activity” requires at least two acts of racketeering
activity, one of which occurred after the effective date of this chapter
and the last of which occurred within ten years (excluding any period
of imprisonment) after the commission of a prior act of racketeering
activity;
(6)“unlawful debt” means a debt
(A)
incurred or contracted in gambling activity which was in violation of
the law of the United States, a State or political subdivision thereof,
or which is unenforceable under State or Federal law in whole or in part
as to principal or interest because of the laws relating to usury, and
(B)
which was incurred in connection with the business of gambling in
violation of the law of the United States, a State or political
subdivision thereof, or the business of lending money or a thing of
value at a rate usurious under State or Federal law, where the usurious
rate is at least twice the enforceable rate;
(7)“racketeering
investigator” means any attorney or investigator so designated by the
Attorney General and charged with the duty of enforcing or carrying into
effect this chapter;
(8)“racketeering
investigation” means any inquiry conducted by any racketeering
investigator for the purpose of ascertaining whether any person has been
involved in any violation of this chapter or of any final order,
judgment, or decree of any court of the United States, duly entered in
any case or proceeding arising under this chapter;
(9)“documentary material” includes any book, paper, document, record, recording, or other material; and
(10)“Attorney
General” includes the Attorney General of the United States, the Deputy
Attorney General of the United States, the Associate Attorney General
of the United States, any Assistant Attorney General of the United
States, or any employee of the Department of Justice or any employee of
any department or agency of the United States so designated by the
Attorney General to carry out the powers conferred on the Attorney
General by this chapter. Any department or agency so designated may use
in investigations authorized by this chapter either the investigative
provisions of this chapter or the investigative power of such department
or agency otherwise conferred by law.
[1] So in original.
Source
(Added Pub. L. 91–452, title IX, § 901(a),Oct. 15, 1970, 84 Stat. 941; amended Pub. L. 95–575, § 3(c),Nov. 2, 1978, 92 Stat. 2465; Pub. L. 95–598, title III, § 314(g),Nov. 6, 1978, 92 Stat. 2677; Pub. L. 98–473, title II, §§ 901(g), 1020,Oct. 12, 1984, 98 Stat. 2136, 2143; Pub. L. 98–547, title II, § 205,Oct. 25, 1984, 98 Stat. 2770; Pub. L. 99–570, title I, § 1365(b),Oct. 27, 1986, 100 Stat. 3207–35; Pub. L. 99–646, § 50(a),Nov. 10, 1986, 100 Stat. 3605; Pub. L. 100–690, title VII, §§ 7013, 7020(c), 7032, 7054, 7514,Nov. 18, 1988, 102 Stat. 4395, 4396, 4398, 4402, 4489; Pub. L. 101–73, title IX, § 968,Aug. 9, 1989, 103 Stat. 506; Pub. L. 101–647, title XXXV, § 3560,Nov. 29, 1990, 104 Stat. 4927; Pub. L. 103–322, title IX, § 90104, title XVI, § 160001(f), title XXXIII, § 330021(1),Sept. 13, 1994, 108 Stat. 1987, 2037, 2150; Pub. L. 103–394, title III, § 312(b),Oct. 22, 1994, 108 Stat. 4140; Pub. L. 104–132, title IV, § 433,Apr. 24, 1996, 110 Stat. 1274; Pub. L. 104–153, § 3,July 2, 1996, 110 Stat. 1386; Pub. L. 104–208, div. C, title II, § 202,Sept. 30, 1996, 110 Stat. 3009–565; Pub. L. 104–294, title VI, §§ 601(b)(3), (i)(3), 604(b)(6),Oct. 11, 1996, 110 Stat. 3499, 3501, 3506; Pub. L. 107–56, title VIII, § 813,Oct. 26, 2001, 115 Stat. 382; Pub. L. 107–273, div. B, title IV, § 4005(f)(1),Nov. 2, 2002, 116 Stat. 1813; Pub. L. 108–193, § 5(b),Dec. 19, 2003, 117 Stat. 2879; Pub. L. 108–458, title VI, § 6802(e),Dec. 17, 2004, 118 Stat. 3767; Pub. L. 109–164, title I, § 103(c),Jan. 10, 2006, 119 Stat. 3563; Pub. L. 109–177, title IV, § 403(a),Mar. 9, 2006, 120 Stat. 243.)
References in Text
Section 102 of the Controlled Substances Act, referred to in par. (1)(A), (D), is classified to section 802 of Title 21, Food and Drugs.
The Currency and Foreign Transactions Reporting Act, referred to in par. (1)(E), is title II of Pub. L. 91–508, Oct. 26, 1970, 84 Stat. 1118, which was repealed and reenacted as subchapter II of chapter 53 of Title 31, Money and Finance, by Pub. L. 97–258, § 4(b),Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31.
The Immigration and Nationality Act, referred to in par. (1)(F), is act June 27, 1952, ch. 477, 66 Stat. 163,
as amended, which is classified principally to chapter 12 (§ 1101 et
seq.) of Title 8, Aliens and Nationality. Sections 274, 277, and 278 of
the Act are classified to sections 1324, 1327, and 1328 of Title 8, respectively. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
The effective date of this chapter, referred to in par. (5), is Oct. 15, 1970.
Amendments
2006—Par. (1)(B). Pub. L. 109–177inserted “section 1960 (relating to illegal money transmitters),” before “sections 2251”.
Pub. L. 109–164substituted “1581–1592” for “1581–1591”.
2004—Par. (1)(B). Pub. L. 108–458inserted “sections 175–178 (relating to biological weapons), sections 229–229F (relating to chemical weapons), section 831 (relating to nuclear materials),” before “(C) any act which is indictable under title 29”.
2003—Par. (1)(B). Pub. L. 108–193,
which directed amendment of par. (1)(A) of this section by substituting
“sections 1581–1591 (relating to peonage, slavery, and trafficking in
persons).” for “sections 1581–1588 (relating to peonage and slavery)”,
was executed by making the substitution in par. (1)(B) to reflect the
probable intent of Congress.
2002—Par. (1)(G). Pub. L. 107–273made technical amendment to directory language of Pub. L. 107–56. See 2001 Amendment note below.
2001—Par. (1)(G). Pub. L. 107–56, as amended by Pub. L. 107–273,
which directed addition of cl. (G) before period at end, was executed
by making the addition before the semicolon at end to reflect the
probable intent of Congress.
1996—Par. (1)(B). Pub. L. 104–294, § 604(b)(6), amended directory language of Pub. L. 103–322, § 160001(f). See 1994 Amendment note below.
Pub. L. 104–294, § 601(i)(3), substituted “2260” for “2258”.
Pub. L. 104–208struck out “if the act indictable under section 1028 was committed for the purpose of financial gain” before “, section 1029”, inserted “section 1425 (relating to the procurement of citizenship or nationalization unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (relating to the sale of naturalization or citizenship papers),” after “section 1344 (relating to financial institution fraud),”, struck out “if the act indictable under section 1542 was committed for the purpose of financial gain” before “, section 1543”, “if the act indictable under section 1543 was committed for the purpose of financial gain” before “, section 1544”, “if the act indictable under section 1544 was committed for the purpose of financial gain” before “, section 1546”, and “if the act indictable under section 1546 was committed for the purpose of financial gain” before “, sections 1581–1588”.
Pub. L. 104–153inserted “, section 2318
(relating to trafficking in counterfeit labels for phonorecords,
computer programs or computer program documentation or packaging and
copies of motion pictures or other audiovisual works), section 2319 (relating to criminal infringement of a copyright), section 2319A
(relating to unauthorized fixation of and trafficking in sound
recordings and music videos of live musical performances), section 2320 (relating to trafficking in goods or services bearing counterfeit marks)” after “sections 2314 and 2315 (relating to interstate transportation of stolen property)”.
Pub. L. 104–132, § 433(1), (2), inserted “section 1028 (relating to fraud and related activity in connection with identification documents) if the act indictable under section 1028 was committed for the purpose of financial gain,” before “section 1029” and “section 1542 (relating to false statement in application and use of passport) if the act indictable under section 1542 was committed for the purpose of financial gain, section 1543 (relating to forgery or false use of passport) if the act indictable under section 1543 was committed for the purpose of financial gain, section 1544 (relating to misuse of passport) if the act indictable under section 1544 was committed for the purpose of financial gain, section 1546 (relating to fraud and misuse of visas, permits, and other documents) if the act indictable under section 1546 was committed for the purpose of financial gain, sections 1581–1588 (relating to peonage and slavery),” after “section 1513 (relating to retaliating against a witness, victim, or an informant),”.
Par. (1)(D). Pub. L. 104–294, § 601(b)(3), substituted “section 157 of this title” for “section 157 of that title”.
Par. (1)(F). Pub. L. 104–132,
§ 433(3), (4), which directed addition of cl. (F) before period at end,
was executed by making the addition before the semicolon at end to
reflect the probable intent of Congress.
1994—Par. (1)(A). Pub. L. 103–322, § 330021(1), substituted “kidnapping” for “kidnaping”.
Pub. L. 103–322,
§ 90104, substituted “a controlled substance or listed chemical (as
defined in section 102 of the Controlled Substances Act)” for “narcotic
or other dangerous drugs”.
Par. (1)(B). Pub. L. 103–322, § 160001(f), as amended by Pub. L. 104–294, § 604(b)(6), substituted “2251, 2251A, 2252, and 2258” for “2251–2252”.
Par. (1)(D). Pub. L. 103–394inserted “(except a case under section 157 of that title)” after “title 11”.
Pub. L. 103–322,
§ 90104, substituted “a controlled substance or listed chemical (as
defined in section 102 of the Controlled Substances Act)” for “narcotic
or other dangerous drugs”.
1990—Par. (1)(B). Pub. L. 101–647substituted “section 1029 (relating to” for “section 1029 (relative to” and struck out “sections 2251 through 2252 (relating to sexual exploitation of children),” before “, section 1958”.
1989—Par. (1). Pub. L. 101–73inserted “section 1344 (relating to financial institution fraud),” after “section 1343 (relating to wire fraud),”.
1988—Par. (1)(B). Pub. L. 100–690, § 7514, inserted “sections 2251 through 2252 (relating to sexual exploitation of children),”.
Pub. L. 100–690, § 7054, inserted “, section 1029 (relative to fraud and related activity in connection with access devices)” and “, section 1958
(relating to use of interstate commerce facilities in the commission of
murder-for-hire), sections 2251–2252 (relating to sexual exploitation
of children)”.
Pub. L. 100–690, § 7013, made technical amendment to directory language of Pub. L. 99–646. See 1986 Amendment note below.
Par. (10). Pub. L. 100–690,
§ 7020(c), inserted “the Associate Attorney General of the United
States,” after “Deputy Attorney General of the United States,”.
1986—Par. (1)(B). Pub. L. 99–646, as amended by Pub. L. 100–690, § 7013, inserted “section 1512 (relating to tampering with a witness, victim, or an informant), section 1513 (relating to retaliating against a witness, victim, or an informant),” after “section 1511 (relating to the obstruction of State or local law enforcement),”.
Pub. L. 99–570inserted “section 1956 (relating to the laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity),”.
1984—Par. (1)(A). Pub. L. 98–473, § 1020(1), inserted “dealing in obscene matter,” after “extortion,”.
Par. (1)(B). Pub. L. 98–547inserted “sections 2312 and 2313 (relating to interstate transportation of stolen motor vehicles),” and “section 2320 (relating to trafficking in certain motor vehicles or motor vehicle parts),”.
Pub. L. 98–473, § 1020(2), inserted “sections 1461–1465 (relating to obscene matter),”.
Par. (1)(E). Pub. L. 98–473, § 901(g), added cl. (E).
1978—Par. (1)(B). Pub. L. 95–575inserted “sections 2341–2346 (relating to trafficking in contraband cigarettes),”.
Par. (1)(D). Pub. L. 95–598substituted “fraud connected with a case under title 11” for “bankruptcy fraud”.
Effective Date of 2002 Amendment
Pub. L. 107–273, div. B, title IV, § 4005(f)(1),Nov. 2, 2002, 116 Stat. 1813, provided that the amendment made by section 4005(f)(1) is effective Oct. 26, 2001.
Effective Date of 1996 Amendment
Amendment by section 604(b)(6) ofPub. L. 104–294effective Sept. 13, 1994, see section 604(d) ofPub. L. 104–294, set out as a note under section 13 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–394effective
Oct. 22, 1994, and not applicable with respect to cases commenced under
Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 ofPub. L. 103–394, set out as a note under section 101 of Title 11.
Effective Date of 1978 Amendments
Amendment by Pub. L. 95–598effective Oct. 1, 1979, see section 402(a) ofPub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Amendment by Pub. L. 95–575effective Nov. 2, 1978, see section 4 ofPub. L. 95–575, set out as an Effective Date note under section 2341 of this title.
Short Title of 1984 Amendment
Section 301 of chapter III (§§ 301–322) of title II of Pub. L. 98–473provided that: “This title [probably means this chapter, enacting sections 1589, 1600, 1613a, and 1616 of Title 19, Customs Duties and sections 853, 854, and 970 of Title 21, Food and Drugs, amending section 1963
of this title and sections 1602, 1605, 1606, 1607, 1608, 1609, 1610,
1611, 1612, 1613, 1614, 1615, 1618, 1619, and 1644 ofTitle 19, sections 824, 848, and 881 of Title 21, and section 524 of Title 28, Judiciary and Judicial Procedure, and repealing section 7607 of Title 26, Internal Revenue Code] may be cited as the ‘Comprehensive Forfeiture Act of 1984’.”
Short Title of 1970 Amendment
Pub. L. 91–452, § 1,Oct. 15, 1970, 84 Stat. 922, provided in part: “That this Act [enacting this section, sections 841 to 848, 1511, 1623, 1955, 1962 to 1968, 3331 to 3334, 3503, 3504, 3575 to 3578, and 6001 to 6005 of this title, and section 1826 of Title 28, Judiciary and Judicial Procedure, amending sections 835, 1073, 1505, 1954, 2424, 2516, 2517, 3148, 3486, and 3500 of this title, sections 15, 87f, 135c, 499m, and 2115 of Title 7, Agriculture, section 25 of Title 11, Bankruptcy, section 1820 of Title 12, Banks and Banking, sections 49, 77v, 78u, 79r, 80a–41, 80b–9, 155, 717m, 1271, and 1714 of Title 15, Commerce and Trade, section 825f of Title 16, Conservation, section 1333 of Title 19, Customs Duties, section 373 of Title 21, Food and Drugs, section 161 of Title 29, Labor, section 506 of Title 33, Navigation and Navigable Waters, sections 405 and 2201 of Title 42, The Public Health and Welfare, sections 157 and 362 of Title 45, Railroads, section 1124 of former Title 46, Shipping, section 409 of Title 47,
Telegraphs, Telephones, and Radio telegraphs, sections 9, 43, 46, 916,
1017, and 1484 of former Title 49, Transportation, section 792 of Title 50, War and National Defense, and sections 643a, 1152, 2026, and former section 2155 of Title 50, Appendix, repealing sections 837, 895, 1406, and 2514 of this title, sections 32 and 33 of Title 15; sections 4874 and 7493 of Title 26, Internal Revenue Code, section 827 of former Title 46, sections 47 and 48 of former Title 49, and sections 121 to 144 of Title 50, enacting provisions set out as notes under this section and sections 841, 1511, 1955, preceding 3331, preceding 3481, 3504, and 6001 of this title, and repealing provisions set out as a note under section 2510 of this title] may be cited as the ‘Organized Crime Control Act of 1970’.”
Pub. L. 91–452, title IX, § 901(a),Oct. 15, 1970, 84 Stat. 941, is popularly known as the “Racketeer Influenced and Corrupt Organizations Act”. See also Short Title note below.
Short Title
This chapter is popularly known as the “Racketeer Influenced and Corrupt Organizations Act”.
Savings Provision
Amendment by section 314 ofPub. L. 95–598not to affect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 1961 et seq.), or section 2516, 3057, or 3284
of this title to any act of any person (1) committed before Oct. 1,
1979, or (2) committed after Oct. 1, 1979, in connection with a case
commenced before such date, see section 403(d) ofPub. L. 95–598, set out as a note preceding section 101 of Title 11, Bankruptcy.
Separability
Section 1301 ofPub. L. 91–452provided
that: “If the provisions of any part of this Act [see Short Title of
1970 Amendment note set out above] or the application thereof to any
person or circumstances be held invalid, the provisions of the other
parts and their application to other persons or circumstances shall not
be affected thereby.”
Congressional Statement of Findings and Purpose
Section 1 ofPub. L. 91–452provided in part that:
“The Congress finds that (1) organized crime in the United States
is a highly sophisticated, diversified, and widespread activity that
annually drains billions of dollars from America’s economy by unlawful
conduct and the illegal use of force, fraud, and corruption; (2)
organized crime derives a major portion of its power through money
obtained from such illegal endeavors as syndicated gambling, loan
sharking, the theft and fencing of property, the importation and
distribution of narcotics and other dangerous drugs, and other forms of
social exploitation; (3) this money and power are increasingly used to
infiltrate and corrupt legitimate business and labor unions and to
subvert and corrupt our democratic processes; (4) organized crime
activities in the United States weaken the stability of the Nation’s
economic system, harm innocent investors and competing organizations,
interfere with free competition, seriously burden interstate and foreign
commerce, threaten the domestic security, and undermine the general
welfare of the Nation and its citizens; and (5) organized crime
continues to grow because of defects in the evidence-gathering process
of the law inhibiting the development of the legally admissible evidence
necessary to bring criminal and other sanctions or remedies to bear on
the unlawful activities of those engaged in organized crime and because
the sanctions and remedies available to the Government are unnecessarily
limited in scope and impact.
“It is the purpose of this Act [see Short Title of 1970 Amendment
note above] to seek the eradication of organized crime in the United
States by strengthening the legal tools in the evidence-gathering
process, by establishing new penal prohibitions, and by providing
enhanced sanctions and new remedies to deal with the unlawful activities
of those engaged in organized crime.”
Liberal Construction of Provisions; Supersedure of Federal or State Laws; Authority of Attorneys Representing United States
Section 904 of title IX of Pub. L. 91–452provided that:
“(a) The provisions of this title [enacting this chapter and amending sections 1505, 2516, and 2517 of this title] shall be liberally construed to effectuate its remedial purposes.
“(b) Nothing in this title shall supersede any provision of
Federal, State, or other law imposing criminal penalties or affording
civil remedies in addition to those provided for in this title.
“(c) Nothing contained in this title shall impair the authority of any attorney representing the United States to—
“(1) lay before any grand jury impaneled by any district court of
the United States any evidence concerning any alleged racketeering
violation of law;
“(2) invoke the power of any such court to compel the production of any evidence before any such grand jury; or
“(3) institute any proceeding to enforce any order or process
issued in execution of such power or to punish disobedience of any such
order or process by any person.”
President’s Commission on Organized Crime; Taking of Testimony and Receipt of Evidence
Pub. L. 98–368, July 17, 1984, 98 Stat. 490,
provided for the Commission established by Ex. Ord. No. 12435, formerly
set out below, authority relating to taking of testimony, receipt of
evidence, subpoena power, testimony of persons in custody, immunity,
service of process, witness fees, access to other records and
information, Federal protection for members and staff, closure of
meetings, rules, and procedures, for the period of July 17, 1984, until
the earlier of 2 years or the expiration of the Commission.
Executive Order No. 12435
Ex. Ord. No. 12435, July 28, 1983, 48 F.R. 34723, as amended Ex. Ord. No. 12507, Mar. 22, 1985, 50 F.R. 11835,
which established and provided for the administration of the
President’s Commission on Organized Crime, was revoked by Ex. Ord. No.
12610, Sept. 30, 1987, 52 F.R. 36901,
formerly set out as a note under section 14 of the Federal Advisory
Committee Act in the Appendix to Title 5, Government Organization and
Employees.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, October 23, 2012
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
The most recent Classification Table update that we have noticed was Tuesday, October 23, 2012
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
| 18 USC | Description of Change | Session Year | Public Law | Statutes at Large |
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2012-11-18 17:15:47
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Source: http://www.orlytaitzesq.com/?p=363251
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