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18 USC Sec. 1961 01/16/96

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-
Sec. 1961. Definitions 

-STATUTE-
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 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),
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 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), sections 2251, 2251A, 2252, and 2258 (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 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), (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 that
(FOOTNOTE 1) 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,
or (E) any act which is indictable under the Currency and Foreign
Transactions Reporting Act.
(FOOTNOTE 1) So in original. Probably should be ''this''.
(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.

-SOURCE-
(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84
Stat. 941; amended Pub. L. 95-575, Sec. 3(c), Nov. 2, 1978, 92
Stat. 2465; Pub. L. 95-598, title III, Sec. 314(g), Nov. 6, 1978,
92 Stat. 2677; Pub. L. 98-473, title II, Sec. 901(g), 1020, Oct.
12, 1984, 98 Stat. 2136, 2143; Pub. L. 98-547, title II, Sec. 205,
Oct. 25, 1984, 98 Stat. 2770; Pub. L. 99-570, title I, Sec.
1365(b), Oct. 27, 1986, 100 Stat. 3207-35; Pub. L. 99-646, Sec.
50(a), Nov. 10, 1986, 100 Stat. 3605; Pub. L. 100-690, title VII,
Sec. 7013, 7020(c), 7032, 7054, 7514, Nov. 18, 1988, 102 Stat.
4395, 4396, 4398, 4402, 4489; Pub. L. 101-73, title IX, Sec. 968,
Aug. 9, 1989, 103 Stat. 506; Pub. L. 101-647, title XXXV, Sec.
3560, Nov. 29, 1990, 104 Stat. 4927; Pub. L. 103-322, title IX,
Sec. 90104, title XVI, Sec. 160001(f), title XXXIII, Sec.
330021(1), Sept. 13, 1994, 108 Stat. 1987, 2037, 2150; Pub. L.
103-394, title III, Sec. 312(b), Oct. 22, 1994, 108 Stat. 4140.)

-REFTEXT-
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.
Section 2258, referred to in par. (1)(B), probably means the
section 2258 of this title added by section 160001(a) of Pub. L.
103-322.
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, Sec.
4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which
enacted Title 31.
The effective date of this chapter, referred to in par. (5), is
Oct. 15, 1970.

-MISC2-
AMENDMENTS
1994 - Par. (1)(A). Pub. L. 103-322, Sec. 330021(1), substituted
''kidnapping'' for ''kidnaping''.
Pub. L. 103-322, Sec. 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, Sec. 160001(f), which directed the
amendment of section ''1961(l) of title 18, United States Code'' by
substituting ''2251, 2251A, 2252, and 2258'' for ''2251-2252'', was
executed by making the substitution in par. (1)(B) of this section,
to reflect the probable intent of Congress, because this section
does not contain a subsec. (l).
Par. (1)(D). Pub. L. 103-394 inserted ''(except a case under
section 157 of that title)'' after ''title 11''.
Pub. L. 103-322, Sec. 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. 101-647 substituted ''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. 101-73 inserted ''section 1344 (relating
to financial institution fraud),'' after ''section 1343 (relating
to wire fraud),''.
1988 - Par. (1)(B). Pub. L. 100-690, Sec. 7514, inserted
''sections 2251 through 2252 (relating to sexual exploitation of
children),''.
Pub. L. 100-690, Sec. 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, Sec. 7032, substituted ''section 2321'' for
''section 2320''.
Pub. L. 100-690, Sec. 7013, made technical amendment to directory
language of Pub. L. 99-646. See 1986 Amendment note below.
Par. (10). Pub. L. 100-690, Sec. 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, Sec. 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. 99-570 inserted ''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, Sec. 1020(1), inserted
''dealing in obscene matter,'' after ''extortion,''.
Par. (1)(B). Pub. L. 98-547 inserted ''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, Sec. 1020(2), inserted ''sections 1461-1465
(relating to obscene matter),''.
Par. (1)(E). Pub. L. 98-473, Sec. 901(g), inserted cl. (E).
1978 - Par. (1)(B). Pub. L. 95-575 inserted ''sections 2341-2346
(relating to trafficking in contraband cigarettes),''.
Par. (1)(D). Pub. L. 95-598 substituted ''fraud connected with a
case under title 11'' for ''bankruptcy fraud''.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not
applicable with respect to cases commenced under Title 11,
Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L.
103-394, set out as a note under section 101 of Title 11.
EFFECTIVE DATE OF 1978 AMENDMENTS
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note
preceding section 101 of Title 11, Bankruptcy.
Amendment by Pub. L. 95-575 effective Nov. 2, 1978, see section 4
of Pub. 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 (Sec. 301-322) of title II of Pub. L.
98-473 provided 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 of Title 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
Section 1 of Pub. L. 91-452 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'.''
SAVINGS PROVISION
Amendment by section 314 of Pub. L. 95-598 not to affect the
application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 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) of Pub. L. 95-598, set out as a note
preceding section 101 of Title 11, Bankruptcy.
SEPARABILITY
Section 1301 of Pub. L. 91-452 provided that: ''If the provisions
of any part of this Act (see Short Title 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 of Pub. L. 91-452 provided 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 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. 91-452 provided 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.

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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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 924, 1956, 1959 of this
title; title 7 section 12a.