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U.S. Code as of:
01/19/04
Section 1961. Definitions
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 1028 (relating to fraud and related
activity in connection with identification documents), 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), section 1425 (relating to the
procurement of citizenship or nationalization unlawfully),
section 1426 (relating to the reproduction of naturalization or
citizenship papers), section 1427 (relating to the sale of
naturalization or citizenship papers), 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 1542 (relating to false statement in
application and use of passport), section 1543 (relating to
forgery or false use of passport), section 1544 (relating to
misuse of passport), section 1546 (relating to fraud and misuse
of visas, permits, and other documents), sections 1581-1591
(relating to peonage, slavery, and trafficking in persons).,(!1)
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 2260 (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 2318 (relating to trafficking in counterfeit labels for
phonorecords, computer programs or computer program documentation
or packaging and copies of motion pictures or other audiovisual
works), section 2319 (relating to criminal infringement of a
copyright), section 2319A (relating to unauthorized fixation of
and trafficking in sound recordings and music videos of live
musical performances), section 2320 (relating to trafficking in
goods or services bearing counterfeit marks), 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 this 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,
(E) any act which is indictable under the Currency and Foreign
Transactions Reporting Act, (F) any act which is indictable under
the Immigration and Nationality Act, section 274 (relating to
bringing in and harboring certain aliens), section 277 (relating
to aiding or assisting certain aliens to enter the United
States), or section 278 (relating to importation of alien for
immoral purpose) if the act indictable under such section of such
Act was committed for the purpose of financial gain, or (G) any
act that is indictable under any provision listed in section
2332b(g)(5)(B);
(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.
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