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109. RICO Charges


As to the continuity requirement, the government may show that the racketeering acts found to have been committed pose a threat of continued racketeering activity by proving: 1 that the acts are part of a long-term association that exists for criminal purposes, or 2 that they are a regular way of conducting the defendant's ongoing legitimate business, or 3 that they are a regular way of conducting or participating in an ongoing and legitimate enterprise.












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Continuity refers either to a closed period of repeated conduct, or to past conduct that by its nature projects into the future with a threat of repetition.








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Description: § 1961 4 West 1984.

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Views: 6428 Date: 02.02.2022 Favorited: 149 favorites
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The government must show that the racketeering predicates are related, and that they amount to or pose a threat of continued criminal activity.
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§ 1961 5 West 1984.
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As to the continuity requirement, the government may show that the racketeering acts found to have been committed pose a threat of continued racketeering activity by proving: 1 that the acts are part of a long-term association that exists for criminal purposes, or 2 that they are a regular way of conducting the defendant's ongoing legitimate business, or 3 that they are a regular way of conducting or participating in an ongoing and legitimate enterprise.

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