4

1 justice), section 1510 (relating to obstruction of criminal 2 investigations), section 1951 (relating to interference with 3 commerce, robbery, or extortion), section 1952 (relating to 4 racketeering), section 1954 (relating to welfare fund brib5 ery), sections 2314 and 2315 (relating to interstate trans6 portation of stolen property), sections 2421-24 (relating 7 to white slave traffic), section 501 (c) of the Labor Manage8 ment Reporting and Disclosure Act of 1959 (relating to em9 bezzlement from union funds), and (C) any conspiracy to 10 commit any of the foregoing offenses.

11

"(2) The term 'interstate commerce' means commerce 12 within the District of Columbia, the Commonwealth of 13 Puerto Rico, or any possession of the United States, or be14 tween any place in a State and any place in another State, or between places in the same State through another State. "(3) The term 'State' means each of the several States, 17 the District of Columbia, the Commonwealth of Puerto Rico, 18 Guam, the Virgin Islands, the Canal Zone, and American 19 Samoa.

15

16

20 "(4) The term 'person' includes any individual or en21 tity capable of holding a legal or beneficial interest in 22 property.

23

"(5) The term 'enterprise' includes any individual,

24 partnership, corporation, association, or other legal entity,

5

1 and any union or group of individuals associated in fact 2 although not a legal entity.

3 "(6) The term 'pattern of racketeering activity' in4 cludes at least one act occurring after the effective date of

5 this chapter.

6

"(7) The term 'unlawful debt' means a debt (A)

7 which is unenforceable under State or Federal law in whole

8

9

or in part as to principal or interest because of the laws

relating to gambling or usury, and (B) which was incurred 10 in connection with the business of gambling or the business 11 of lending money or a thing of value at a usurious rate. "(8) The term 'racketeering order' means any final order, decree, or judgment of any court of the United States, duly entered in any case or proceeding arising under this

12

13

14

15

16

17

18

19

chapter.

"(9) The term 'racketeering investigation' means any inquiry conducted by any racketeering investigator for the purpose of ascertaining whether any person has been engaged in any racketeering violation.

20 "(10) The term 'racketeering violation' means any act

21

22

23

24

or omission in violation of this chapter or any racketeering order hereunder.

"(11) The term 'racketeering investigator' means any attorney or investigator employed by the Department of

6

1 Justice who is charged with the duty of enforcing or carry

2 ing into effect this chapter.

3

"(12) The term 'documentary material' includes the

4 original or any copy of any book, record, report, memo

5 randum, paper, communication, tabulation, chart, or other 6 document.

7 "§ 1962. Prohibited racketeering activities

8

"(a) It shall be unlawful for any person who has 9 knowingly received any income derived, directly or indirectly, from a pattern by racketeering activity to use or in11 vest, directly or indirectly, any part of such income, or the

10

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 commerce.

"(b) It shall be unlawful for any person to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce, through a pat

tern of racketeering activity or through collection of un

lawful debt.

"(c) It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities

of which affect, interstate or foreign commerce, to conduct or

7

1 participate, directly or indirectly, in the conduct of such 2 enterprise's affairs through a pattern of racketeering activity. 3 ❝ 1963. Criminal penalties

4 "(a) Whoever violates any provision of section 1962 5 of this chapter shall be fined not more than $10,000 or im6 prisoned not more than twenty years, or both, and shall 7 forfeit to the United States all interest in the enterprise en8 gaged in, or the activities of which affect, interstate or for9 eign commerce.

10

"(b) In any action brought by the United States under 11 this section, the district courts of the United States shall have 12 jurisdiction to enter such restraining orders or prohibitions, 13 or to take such other actions, including, but not limited to, the 14 acceptance of satisfactory performance bonds, in connection

15

with property subject to forfeiture under this section, as it

16 shall deem proper.

17

"(c) Upon conviction of a person under this section, 18 the court shall authorize the Attorney General, or any As19 sistant Attorney General designated by the Attorney Gen

20

eral, to seize all property declared forfeited under this sec21 tion upon such terms and conditions as the court shall deem

22 proper. All provisions of law relating to the disposition of

23

property, or the proceeds from the sale thereof, or the 24 remission or mitigation of forfeitures for violation of the

8

1 customs laws, and the compromise of claims and the award 2 of compensation to informers in respect of such forfeitures 3 shall apply to forfeitures incurred, or alleged to have been 4 incurred, under the provisions of this section, insofar as 5 applicable and not inconsistent with the provisions hereof. 6 Such duties as are imposed upon the collector of customs 7 or any other person with respect to the disposition of prop8 erty under the customs laws shall be performed under this 9 chapter by the Attorney General, or any Assistant Attorney 10 General designated by the Attorney General.

11 " 1964. Civil remedies

12

"(a) The district court of the United States shall have 13 jurisdiction to prevent and restrain violations of section 1962 14 of this chapter by issuing appropriate orders, including, but 15 not limited to: ordering any person to divest himself of any 16 interest, direct or indirect, in any enterprise; prohibiting any person from engaging in the same type of business or other 18 activity as the enterprise engaged in, the activities of which 19 affect interstate or foreign commerce; or ordering dissolution 20 of any such enterprise.

17

21

"(b) The Attorney General, or any Assistant Attorney 22 General designated by the Attorney General, may institute 23 proceedings to prevent and restrain such violations. In any 24 action brought by the United States under this section the 25 court shall proceed as soon as may be to the hearing and