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18 U.S.C. § 1962(D) 18 U.S.C.A. § 1962 Page 1 Effective:[See Text Amendments] United States Code Annotated Currentness Title 18. Crimes and Criminal Procedure (Refs & Annos) Part I. Crimes (Refs & Annos) Chapter 96. Racketeer Influenced and Corrupt Organizations (Refs & Annos) § 1962. Prohibited activities (a) It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pat- tern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign com- merce. A purchase of securities on the open market for purposes of investment, and without the intention of con- trolling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this subsection if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern or racketeering activity or the collection of an unlawful debt after such pur- chase do not amount in the aggregate to one percent of the outstanding securities of any one class, and do not confer, either in law or in fact, the power to elect one or more directors of the issuer. (b) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an un- lawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is en- gaged in, or the activities of which affect, interstate or foreign commerce. (c) It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activit- ies of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the con- duct of such enterprise's affairs through a pattern of racketeering activity or collection of unlawful debt. (d) It shall be unlawful for any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of this section. CREDIT(S) (Added Pub.L. 91-452, Title IX, § 901(a), Oct. 15, 1970, 84 Stat. 942; amended Pub.L. 100-690, Title VII, § 7033, Nov. 18, 1988, 102 Stat. 4398.) © 2013 Thomson Reuters. No Claim to Orig. US Gov. Works. 18 U.S.C.A. § 1962 Page 2 HISTORICAL AND STATUTORY NOTES Revision Notes and Legislative Reports 1970 Acts. House Report No. 91-1549, see 1970 U.S. Code Cong. and Adm. News, p. 4007. 1988 Acts. For Related Reports, see 1988 U.S. Code Cong. and Adm. News, p. 5937. Amendments 1988 Amendments. Subsec. (d). Pub.L. 100-690, § 7033, substituted “subsection” for “subsections”. CROSS REFERENCES Civil action for threefold damages, see 18 USCA § 1964. Court orders to restrain violations of this section, see 18 USCA § 1964. FEDERAL SENTENCING GUIDELINES See Federal Sentencing Guidelines §§ 2E1.1, 5E1.4, 18 USCA. LAW REVIEW COMMENTARIES A new proposal for limiting private civil RICO. Norman Abrams, 37 UCLA L.Rev. 1 (1989). A trial lawyer's guide: Everything you always wanted to know about RICO before your case was dis- missed. Mark E. DuVal, 1986, 12 Wm.Mitchell L.Rev. 291. Accountants' common law liability to third parties. Anna S. Rominger, 37 Res Gestae 508 (1994). Adventures in racketeering. Keith J. Halleland, 45 Bench & B.Minn. 14 (March 1988). Against forfeiture of attorney fees under RICO: Protecting the constitutional rights of criminal defend- ants. Note, 61 N.Y.U.L.Rev. 124 (1986). Aiding and abetting liability for civil violations of RICO. Comment, 61 Temp.L.Rev. 1481 (1988). Attorney liability under RICO § 1962(c) after Reeves v. Ernst & Young. 61 U.Chi.L.Rev. 1153 (1994). Broadening the scope of Civil RICO. Note, (1986) 20 U.S.F.L.Rev. 339. Central Bank v. First Interstate Bank: Not just the end of aiding and abetting under Section 10(b). 52 Wash. & Lee L.Rev. 1387 (1995). Chilling of the adversary system: An attorney's exposure to liability from opposing parties or counsel. H. Robert Fiebach, 61 Temp.L.Rev. 1301 (1988). © 2013 Thomson Reuters. No Claim to Orig. US Gov. Works. 18 U.S.C.A. § 1962 Page 3 Civil forfeitures: Protecting the innocent owner. G. Richard Strafer, 37 U.Fla.L.Rev. 841 (1985). Civil RICO after Sedima: The new weapon against business fraud. John B. McArthur and William H. White, 23 Hous.L.Rev. 743 (1986). Civil RICO--Limitations in limbo. Robert E. Wood, 21 Willamette L.Rev. 683 (1985). Civil RICO: Overview on the eve of the 200th anniversary of the federal judiciary. Dan A. Naranjo and Edward L. Pina, 21 St.Mary's L.J. 23 (1989). Civil RICO: The insurers fight back. Arnold D. Fielkow and Stephen P. Eisenberg, 21 Tort & Ins.L.J. 1 (1985). Civil RICO: The legal galaxy's black hole. Virginia M. Morgan, 22 Akron L.Rev. 107 (1988). Civil RICO--the scope of coverage after Sedima, John E. Grenier and Sally S. Reilly, 47 Ala.Law. 260 (1986). Civil RICO--the Supreme Court opens the door to commercial litigation. William H. Rivoir, III, 90 Com.L.J. 621 (1985). Clarifying civil RICO: Sedima v. Imrex, Co., Inc. Comment (1986) 7 U.Bridgeport L.Rev. 189. Commanding respect: Criminal sanctions for environmental crimes. Eva M. Fromm, 21 St.Mary's L.J. 821 (1990). Not all violence is commerce: Noneconomic, violent criminal activity, RICE, and limitations on Congress under the post Raich Commerce Clause. Kenton J. Skarin, 13 Tex. Rev. L. & Pol. 187 (Spring 2009). The crime of associating with criminals? An argument for extending the Reves “operation or manage- ment” test to RICO conspiracy. Sarah Baumgartel, 97 J. Crim. L. & Criminology 1 (2006). Crimes by health care providers. Pamela H. Bucy, 1996 U.Ill.L.Rev. 589. Criminalization of employer fraud against alien employees? A national priority. Roshani M. Gune- wardene, 25 New Eng.L.Rev. 795 (1991). Current guide to civil RICO in New York federal courts. Roger T. Creager, 66 N.Y.St.B.J. 18 (Nov. 1994) . “DeLorean”: Revisiting liability in the wake of “Reves”. William R. Maguire, 215 N.Y.L.J. 1 (April 17, 1996). Deterrence theory analysis of corporate RICO liability for “fraud in the sale of securities.” Michael A. DiMedio, 1 Geo.Mason U.L.Rev. 135 (1994). Dual construction of RICO: The road not taken in Reves. Bryan T. Camp, 51 Wash. & Lee L.Rev. 61 (1994). © 2013 Thomson Reuters. No Claim to Orig. US Gov. Works. 18 U.S.C.A. § 1962 Page 4 Federal remedies for abortion protest: Discordance of first principles. 44 Emory L.J. 773 (1995). Federalizing fires: The evolving Federal response to arson related crimes. John Panneton, 23 Am.Crim.L.Rev. 151 (1985). Fighting corruption in the Philadelphia Police Department: The Death Knell of the “conspiracy of si- lence.” Howard B. Klein, 60 Temp.L.Q. 103 (1987). Frontier of RICO standing: Interpreting RICO's conspiracy provision to realize congress' goal of creating a powerful crime-fighting weapon. 21 J.Legis. 147 (1995). Guide to borrower litigation against the farm credit system and the right of farm credit system borrowers. Christopher R. Kelly and Barbara J. Hoekstra, 66 N.D.L.Rev. 127 (1990). Health insurance fraud: Fighting back. Steven P. Del Mauro, 26 The Brief 11 (Winter 1997). Holmes v. Securities Investor Protection Corp.: Standing to sue under Section 1464(c) of RICO for the se- curities fraud plaintiff. Antonella M. Madonia, 18 Del.J.Corp.L. 923 (1993). How low can you go (down the ladder): The vertical reach of RICO. Scott Paccagnini, 37 J.Marshall L.Rev.1 (2003). Impact of RICO forfeiture on legitimate business. Graeme W. Bush, 65 Notre Dame L.Rev. 1009 (1990). In Central Bank's wake, RICO's voice resonates: Are civil aiding and abetting claims still tenable? Note, 29 Colum.J.L. & Soc.Probs. 551 (1996). In defense of sausage reform: Legislative changes to civil RICO. Geoffrey F. Aronow, 65 Notre Dame L.Rev. 964 (1990). Legal prevention of equine insurance fraud--How we can stop the killing game. 22 Ohio N.U.L.Rev. 845 (1996). Less corn and more hell: The application of RICO to financial institutions. Edward F. Mannino, 35 Vill.L.Rev. 883 (1990). Liability of professionals under RICO. Edward Brodsky, 211 N.Y.L.J. 3 (Jan. 12, 1994). Liability of subordinates in a RICO enterprise. Edward Brodsky, 214 N.Y.L.J. 3 (July 12, 1995). Lifting the veil of secrecy: Priests who molest children. 18 Law & Psychol.Rev. 409 (1994). Making civil RICO work. Frederick D. Huebner & Richard E. Spoonemore, 46 Wash.St.B.News 11 (June 1992). More noise from the Tower of Babel: Making “sense” out of Reves v. Ernst & Young. Michael Vitiello, 56 Ohio St.L.J. 1363 (1995). Moving to dismiss a civil RICO action. Davis J. Howard, 35 Clev.St.L.Rev. 423 (1986-87). © 2013 Thomson Reuters. No Claim to Orig. US Gov. Works. 18 U.S.C.A. § 1962 Page 5 Narrow scope of RICO for accountants. Edward Brodsky, 209 N.Y.L.J. 3 (May 12, 1993). National Organization for Women v. Scheidler: RICO and the Economic Motive Requirement. 26 Conn.L.Rev. 1533 (1994). New proposal for limiting private civil RICO. Norman Abrams, 35 UCLA L.Rev.
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