18 U.S.C. § 1961 – Definitions (RICO “racketeering activity,” “enterprise,” and related terms)
This statute defines the key terms that control what counts as “racketeering activity,” what an “enterprise” is, and what makes a “pattern” for RICO charges.
What this statute does.
Section 1961 doesn’t create a standalone crime. It supplies the definitions used across the federal RICO statutes (and it’s where prosecutors pull the “this qualifies as racketeering” checklist from).
Racketeering activity (the big one).
“Racketeering activity” includes a wide mix of predicate offenses, grouped roughly into:
- Serious state crimes (chargeable under state law and punishable by more than 1 year), like murder, kidnapping, gambling, arson, robbery, bribery, extortion, obscenity offenses, and controlled substance offenses.
- Long lists of federal crimes (indictable under specified federal statutes), including fraud, bribery, money laundering, witness tampering/obstruction-type offenses, trafficking and exploitation crimes, and many others.
- Selected offenses under other federal titles (for example, certain labor-related crimes under Title 29).
- Other specified categories, including certain bankruptcy fraud, securities fraud, Currency and Foreign Transactions Reporting Act offenses, and specified immigration-related offenses committed for financial gain.
- Federal crimes of terrorism via the cross-reference to the list in § 2332b(g)(5)(B).
Pattern of racketeering activity.
A “pattern” requires at least two racketeering acts, with timing limits: one act must occur after RICO’s effective date, and the last act must occur within 10 years of a prior act (not counting any time in prison).
Enterprise.
An “enterprise” can be a formal entity (corporation, partnership, association, etc.) or an association-in-fact (a group of individuals associated together even if it isn’t a legal entity).
Other definitions that matter fast.
The section also defines “person,” “State,” “unlawful debt,” and several investigation-related terms (“racketeering investigator,” “racketeering investigation,” and “documentary material”).
If you’re facing a federal investigation involving RICO predicates or a racketeering allegation, call (314) 900-HELP or contact our federal criminal defense attorneys to discuss defense strategy before charges move forward.
