RICO Jury Instructions: Racketeering Enterprise & Activity Elements 8.152-54 - Manual of Model Criminal Jury Instructions For The District Courts of The Ninth Circuit
Racketeering enterprise and activity elements and definitions. Federal Criminal Jury Instructions 8.152 - 8.154.
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RICO Jury Instructions: Racketeering Enterprise & Activity Elements 8.152-54 - Manual of Model Criminal Jury Instructions for the District Courts of the Ninth Circuit
RICO Jury Instructions: Racketeering Enterprise & Activity Elements 8.152-54 - Manual of Model Criminal Jury Instructions For The District Courts of The Ninth Circuit
AFFECTING INTERSTATE COMMERCEDEFINED (18 U.S.C. 1959) With respect to the first element in Instruction _______ [insert cross reference to pertinent instruction, e.g., Instruction 8.151], the government must prove that an enterprise existed that was engaged in or had an effect on interstate commerce. An enterprise is a group of people who have associated together for a common purpose of engaging in a course of conduct over a period of time. This group of people, in addition to having a common purpose, must have an ongoing organization, either formal or informal. The personnel of the enterprise, however, may change and need not be associated with the enterprise for the entire period alleged in the indictment. This group of people does not have to be a legally recognized entity, such as a partnership or corporation. This group may be organized for a legitimate and lawful purpose, or it may be organized for an unlawful purpose. [The name of the organization itself is not an element of the offense and does not have to be proved.] Therefore, the government must prove beyond a reasonable doubt that this was a group of people (1) associated for a common purpose of engaging in a course of conduct; (2) that the association of these people was an ongoing formal or informal organization, and (3) the group was engaged in or had an effect upon interstate or foreign commerce. The government need not prove that the enterprise had any particular organizational structure. Interstate commerce includes the movement of goods, services, money and individuals between states. These goods can be legal or illegal. Only a minimal effect on commerce is required and the effect need only be probable or potential, not actual. It is not necessary to prove that the defendants own acts affected interstate commerce as long as the enterprises acts had such effect. Comment Use this instruction in conjunction with Instructions 8.151 (Violent Crime in Aid of Racketeering Enterprise), 8.153 (Racketeering ActivityDefined), and 8.154 (Racketeering EnterpriseProof of Purpose). Definitions of enterprise are found in 18 U.S.C. 1959(b)(2) and 1961(4). See also United States v. Turkette, 452 U.S. 576, 583 (1981); Odom v. Microsoft Corp., 486 F.3d 541, 550-52 (9th Cir.2000); United Energy Owners Committee, Inc. v. United States Energy Management System, Inc., 837 F.2d 356, 362 (9th Cir.1988).
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8.153 RACKETEERING ACTIVITYDEFINED
(18 U.S.C. 1959) With respect to the second element in Instruction _______ [insert cross reference to pertinent instruction, e.g. Instruction 8.151], the government must prove that the enterprise was engaged in racketeering activity. Racketeering activity means the commission of certain crimes. These include [insert applicable statutory definitions of state or federal crimes at issue as listed in 18 U.S.C. 1961.] The government must prove beyond a reasonable doubt that the enterprise was engaged in [at least one of] the crime[s] named above. Comment Use this instruction in conjunction with Instructions 8.151 (Violent Crime in Aid of Racketeering Enterprise), 8.152 (Racketeering EnterpriseEnterprise Affecting Interstate CommerceDefined), and 8.154 (Racketeering EnterpriseProof of Purpose). For a definition of racketeering activity, see 18 U.S.C. 1959(b)(1), which states that term has the meaning set forth in 18 U.S.C. 1961(1). See also United States v. Banks, 514 F.3d 959, 968 (9th Cir.2008).
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8.154 RACKETEERING ENTERPRISEPROOF OF PURPOSE
(18 U.S.C. 1959) With respect to the fourth element in Instruction _______ [insert cross reference to pertinent instruction, e.g. Instruction 8.151], the government must prove beyond a reasonable doubt that the defendants purpose was to gain entrance to, or to maintain, or to increase [his] [her] position in the enterprise. It is not necessary for the government to prove that this motive was the sole purpose, or even the primary purpose of the defendant in committing the charged crime. You need only find that enhancing [his] [her] status in [name of enterprise] was a substantial purpose of the defendant or that [he] [she] committed the charged crime as an integral aspect of membership in [name of enterprise]. In determining the defendants purpose in committing the alleged crime, you must determine what [he] [she] had in mind. Since you cannot look into a persons mind, you have to determine purpose by considering all the facts and circumstances before you. Comment Use this instruction in conjunction with Instructions 8.151 (Violent Crime in Aid of Racketeering Enterprise), Instructions 8.152 (Racketeering EnterpriseEnterprise Affecting Interstate CommerceDefined), and 8.153 (Racketeering ActivityDefined). See Comment to Instruction 8.151. If the fourth element of Instruction 8.151 is modified, this instruction should also be modified. [T]he purpose element is met if the jury could properly infer that the defendant committed his violent crime because he knew it was expected of him by reason of his membership in the enterprise or that he committed it in furtherance of that membership. United States v. Banks, 514 F.3d 959, 965 (9th Cir.2008) (quoting United States v. Pimentel, 346 F.3d 285, 295-96 (2d Cir.2003)). VICARs purpose element is satisfied even if the maintenance or enhancement of his position in the criminal enterprise was not the defendants sole or principal purpose. Banks, 514 F.3d at 965. The law, however, requires a defendants purpose be more than merely incidental. Id. at 969. Although the gang or racketeering enterprise purpose does not have to be the only purpose or the main purpose of a murder or assault, it does have to be a substantial purpose. Id. at 970 Murder while a gang member is not necessarily a murder for the purpose of maintaining or increasing position in a gang, even if it would have the effect of maintaining or increasing position in a gang. Id.
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