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Sec. 1962. - Prohibited activities
This section
attempts to constrain the profits from patterns of racketeering activity. One may not according to (a) recover any debt regarding
a racketeering activity. Acting as principal or any relative or accomplices to the fact are also proscribed from receiving
any remuneration or gain from criminal activity. Subsection (b) clearly prevents any ownership in a RICO enterprise:
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.
Subsection (c) prevents the participation of one in a pattern of racketeering activity directly or indirectly in the conduct
of the enterprise or through the collection of a debt. In close, (d) states:
It shall be unlawful for any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of this section.
The prosecution
in criminal cases must prove beyond a doubt that: (1) that an enterprise existed; (2) interstate commerce was effected; (3)
the defendant was associated with or employed by the enterprise; (4) the defendant engaged in a pattern of racketeering activity;
(5) the defendant conducted or participated in the conduct of the enterprise through a pattern of racketeering activity through
the commission of at least two acts as set forth in the indictment. United States v. Phillips, 664 F. 2d 971, 1011 (5th Cir.
Unit B Dec. 1981), cert. denied, 457 U.S. 1136, 102 S. Ct. 1265, 73 L.
Sec. 1963. - Criminal penalties
One who violates
any provision of section 1962 of this chapter shall be fined or imprisoned not more than 20 years or life imprisonment if
the racketeering activity is inclusive or both fine and imprisonment regardless of any state law. In following this section
provides for relief through the forfeiture (a) (et seq.) of interest, security, claim against, property or contractual
right of any kind affording a source of influence over;
(2)
(D) any enterprise which the person has established, operated,
controlled, conducted, or participated in the conduct of, in violation of section 1962; and
(3)
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.
(c) All right, title, and interest in property described in
subsection (a) vests in the United States upon the commission of the act giving rise to forfeiture under this section. Any
such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict
of forfeiture and thereafter shall be ordered forfeited to the United States
Subsection (d) provides
that upon application of the United States, a restraining order or injunction, would require a satisfactory performance bond
for property described in (a) for forfeiture. Generally after conviction such property would result in forfeiture. A process
of information and indictment is necessitated to sustain such an order past ninety days (d) (2). Pursuant to such a hearing
evidence that would not normally be heard under the Federal Rules of Evidence may be brought.
In close, the Attorney
General is authorized power to grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims,
and take action to protect the rights of innocent persons which is in the interest of justice. Power is granted to compromise
claims arising under this section; award compensation to persons providing information resulting in forfeiture under this
section; and direct the disposition by the United States of all property ordered forfeited under this section by public sale
or any feasible means in consideration of the legal right of persons.
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