§ 1961. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1961]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
Sec. 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 1581-1588 (relating to
peonage and slavery), 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.
(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84 Stat.
941; amended Pub. L. 95-575, Sec. 3(c), Nov. 2, 1978, 92 Stat. 2465;
Pub. L. 95-598, title III, Sec. 314(g), Nov. 6, 1978, 92 Stat. 2677;
Pub. L. 98-473, title II, Secs. 901(g), 1020, Oct. 12, 1984, 98 Stat.
2136, 2143; Pub. L. 98-547, title II, Sec. 205, Oct. 25, 1984, 98 Stat.
2770; Pub. L. 99-570, title I, Sec. 1365(b), Oct. 27, 1986, 100 Stat.
3207-35; Pub. L. 99-646, Sec. 50(a), Nov. 10, 1986, 100 Stat. 3605; Pub.
L. 100-690, title VII, Secs. 7013, 7020(c), 7032, 7054, 7514, Nov. 18,
1988, 102 Stat. 4395, 4396, 4398, 4402, 4489; Pub. L. 101-73, title IX,
Sec. 968, Aug. 9, 1989, 103 Stat. 506; Pub. L. 101-647, title XXXV,
Sec. 3560, Nov. 29, 1990, 104 Stat. 4927; Pub. L. 103-322, title IX,
Sec. 90104, title XVI, Sec. 160001(f), title XXXIII, Sec. 330021(1),
Sept. 13, 1994, 108 Stat. 1987, 2037, 2150; Pub. L. 103-394, title III,
Sec. 312(b), Oct. 22, 1994, 108 Stat. 4140; Pub. L. 104-132, title IV,
Sec. 433, Apr. 24, 1996, 110 Stat. 1274; Pub. L. 104-153, Sec. 3, July
2, 1996, 110 Stat. 1386; Pub. L. 104-208, div. C, title II, Sec. 202,
Sept. 30, 1996, 110 Stat. 3009-565; Pub. L. 104-294, title VI,
Secs. 601(b)(3), (i)(3), 604(b)(6), Oct. 11, 1996, 110 Stat. 3499, 3501,
3506; Pub. L. 107-56, title VIII, Sec. 813, Oct. 26, 2001, 115 Stat.
382; Pub. L. 107-273, div. B, title IV, Sec. 4005(f)(1), Nov. 2, 2002,
116 Stat. 1813.)
References in Text
Section 102 of the Controlled Substances Act, referred to in par.
(1)(A), (D), is classified to section 802 of Title 21, Food and Drugs.
The Currency and Foreign Transactions Reporting Act, referred to in
par. (1)(E), is title II of Pub. L. 91-508, Oct. 26, 1970, 84 Stat.
1118, which was repealed and reenacted as subchapter II of chapter 53 of
Title 31, Money and Finance, by Pub. L. 97-258, Sec. 4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted Title 31.
The Immigration and Nationality Act, referred to in par. (1)(F), is
act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8,
Aliens and Nationality. Sections 274, 277, and 278 of the Act are
classified to sections 1324, 1327, and 1328 of Title 8, respectively.
For complete classification of this Act to the Code, see Short Title
note set out under section 1101 of Title 8 and Tables.
The effective date of this chapter, referred to in par. (5), is Oct.
15, 1970.
Amendments
2002--Par. (1)(G). Pub. L. 107-273 made technical amendment to
directory language of Pub. L. 107-56. See 2001 Amendment note below.
2001--Par. (1)(G). Pub. L. 107-56, as amended by Pub. L. 107-273,
which directed addition of cl. (G) before period at end, was executed by
making the addition before the semicolon at end to reflect the probable
intent of Congress.
1996--Par. (1)(B). Pub. L. 104-294, Sec. 604(b)(6), amended
directory language of Pub. L. 103-322, Sec. 160001(f). See 1994
Amendment note below.
Pub. L. 104-294, Sec. 601(i)(3), substituted ``2260'' for ``2258''.
Pub. L. 104-208 struck out ``if the act indictable under section
1028 was committed for the purpose of financial gain'' before ``,
section 1029'', inserted ``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),'' after
``section 1344 (relating to financial institution fraud),'', struck out
``if the act indictable under section 1542 was committed for the purpose
of financial gain'' before ``, section 1543'', ``if the act indictable
under section 1543 was committed for the purpose of financial gain''
before ``, section 1544'', ``if the act indictable under section 1544
was committed for the purpose of financial gain'' before ``, section
1546'', and ``if the act indictable under section 1546 was committed for
the purpose of financial gain'' before ``, sections 1581-1588''.
Pub. L. 104-153 inserted ``, 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)'' after ``sections 2314 and 2315
(relating to interstate transportation of stolen property)''.
Pub. L. 104-132, Sec. 433(1), (2), inserted ``section 1028 (relating
to fraud and related activity in connection with identification
documents) if the act indictable under section 1028 was committed for
the purpose of financial gain,'' before ``section 1029'' and ``section
1542 (relating to false statement in application and use of passport) if
the act indictable under section 1542 was committed for the purpose of
financial gain, section 1543 (relating to forgery or false use of
passport) if the act indictable under section 1543 was committed for the
purpose of financial gain, section 1544 (relating to misuse of passport)
if the act indictable under section 1544 was committed for the purpose
of financial gain, section 1546 (relating to fraud and misuse of visas,
permits, and other documents) if the act indictable under section 1546
was committed for the purpose of financial gain, sections 1581-1588
(relating to peonage and slavery),'' after ``section 1513 (relating to
retaliating against a witness, victim, or an informant),''.
Par. (1)(D). Pub. L. 104-294, Sec. 601(b)(3), substituted ``section
157 of this title'' for ``section 157 of that title''.
Par. (1)(F). Pub. L. 104-132, Sec. 433(3), (4), which directed
addition of cl. (F) before period at end, was executed by making the
addition before the semicolon at end to reflect the probable intent of
Congress.
1994--Par. (1)(A). Pub. L. 103-322, Sec. 330021(1), substituted
``kidnapping'' for ``kidnaping''.
Pub. L. 103-322, Sec. 90104, substituted ``a controlled substance or
listed chemical (as defined in section 102 of the Controlled Substances
Act)'' for ``narcotic or other dangerous drugs''.
Par. (1)(B). Pub. L. 103-322, Sec. 160001(f), as amended by Pub. L.
104-294, Sec. 604(b)(6), substituted ``2251, 2251A, 2252, and 2258'' for
``2251-2252''.
Par. (1)(D). Pub. L. 103-394 inserted ``(except a case under section
157 of that title)'' after ``title 11''.
Pub. L. 103-322, Sec. 90104, substituted ``a controlled substance or
listed chemical (as defined in section 102 of the Controlled Substances
Act)'' for ``narcotic or other dangerous drugs''.
1990--Par. (1)(B). Pub. L. 101-647 substituted ``section 1029
(relating to'' for ``section 1029 (relative to'' and struck out
``sections 2251 through 2252 (relating to sexual exploitation of
children),'' before ``, section 1958''.
1989--Par. (1). Pub. L. 101-73 inserted ``section 1344 (relating to
financial institution fraud),'' after ``section 1343 (relating to wire
fraud),''.
1988--Par. (1)(B). Pub. L. 100-690, Sec. 7514, inserted ``sections
2251 through 2252 (relating to sexual exploitation of children),''.
Pub. L. 100-690, Sec. 7054, inserted ``, section 1029 (relative to
fraud and related activity in connection with access devices)'' and ``,
section 1958 (relating to use of interstate commerce facilities in the
commission of murder-for-hire), sections 2251-2252 (relating to sexual
exploitation of children)''.
Pub. L. 100-690, Sec. 7032, substituted ``section 2321'' for
``section 2320''.
Pub. L. 100-690, Sec. 7013, made technical amendment to directory
language of Pub. L. 99-646. See 1986 Amendment note below.
Par. (10). Pub. L. 100-690, Sec. 7020(c), inserted ``the Associate
Attorney General of the United States,'' after ``Deputy Attorney General
of the United States,''.
1986--Par. (1)(B). Pub. L. 99-646, as amended by Pub. L. 100-690,
Sec. 7013, inserted ``section 1512 (relating to tampering with a
witness, victim, or an informant), section 1513 (relating to retaliating
against a witness, victim, or an informant),'' after ``section 1511
(relating to the obstruction of State or local law enforcement),''.
Pub. L. 99-570 inserted ``section 1956 (relating to the laundering
of monetary instruments), section 1957 (relating to engaging in monetary
transactions in property derived from specified unlawful activity),''.
1984--Par. (1)(A). Pub. L. 98-473, Sec. 1020(1), inserted ``dealing
in obscene matter,'' after ``extortion,''.
Par. (1)(B). Pub. L. 98-547 inserted ``sections 2312 and 2313
(relating to interstate transportation of stolen motor vehicles),'' and
``section 2320 (relating to trafficking in certain motor vehicles or
motor vehicle parts),''.
Pub. L. 98-473, Sec. 1020(2), inserted ``sections 1461-1465
(relating to obscene matter),''.
Par. (1)(E). Pub. L. 98-473, Sec. 901(g), added cl. (E).
1978--Par. (1)(B). Pub. L. 95-575 inserted ``sections 2341-2346
(relating to trafficking in contraband cigarettes),''.
Par. (1)(D). Pub. L. 95-598 substituted ``fraud connected with a
case under title 11'' for ``bankruptcy fraud''.
Effective Date of 2002 Amendment
Pub. L. 107-273, div. B, title IV, Sec. 4005(f)(1), Nov. 2, 2002,
116 Stat. 1813, provided that the amendment made by section 4005(f)(1)
is effective Oct. 26, 2001.
Effective Date of 1996 Amendment
Amendment by section 604(b)(6) of Pub. L. 104-294 effective Sept.
13, 1994, see section 604(d) of Pub. L. 104-294, set out as a note under
section 13 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not
applicable with respect to cases commenced under Title 11, Bankruptcy,
before Oct. 22, 1994, see section 702 of Pub. L. 103-394, set out as a
note under section 101 of Title 11.
Effective Date of 1978 Amendments
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy.
Amendment by Pub. L. 95-575 effective Nov. 2, 1978, see section 4 of
Pub. L. 95-575, set out as an Effective Date note under section 2341 of
this title.
Short Title of 1984 Amendment
Section 301 of chapter III (Secs. 301-322) of title II of Pub. L.
98-473 provided that: ``This title [probably means this chapter,
enacting sections 1589, 1600, 1613a, and 1616 of Title 19, Customs
Duties and sections 853, 854, and 970 of Title 21, Food and Drugs,
amending section 1963 of this title and sections 1602, 1605, 1606, 1607,
1608, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1618, 1619, and 1644 of
Title 19, sections 824, 848, and 881 of Title 21, and section 524 of
Title 28, Judiciary and Judicial Procedure, and repealing section 7607
of Title 26, Internal Revenue Code] may be cited as the `Comprehensive
Forfeiture Act of 1984'.''
Short Title
Section 1 of Pub. L. 91-452 provided in part: ``That this Act
[enacting this section, sections 841 to 848, 1511, 1623, 1955, 1962 to
1968, 3331 to 3334, 3503, 3504, 3575 to 3578, and 6001 to 6005 of this
title, and section 1826 of Title 28, Judiciary and Judicial Procedure,
amending sections 835, 1073, 1505, 1954, 2424, 2516, 2517, 3148, 3486,
and 3500 of this title, sections 15, 87f, 135c, 499m, and 2115 of Title
7, Agriculture, section 25 of Title 11, Bankruptcy, section 1820 of
Title 12, Banks and Banking, sections 49, 77v, 78u, 79r, 80a-41, 80b-9,
155, 717m, 1271, and 1714 of Title 15, Commerce and Trade, section 825f
of Title 16, Conservation, section 1333 of Title 19, Customs Duties,
section 373 of Title 21, Food and Drugs, section 161 of Title 29, Labor,
section 506 of Title 33, Navigation and Navigable Waters, sections 405
and 2201 of Title 42, The Public Health and Welfare, sections 157 and
362 of Title 45, Railroads, section 1124 of former Title 46, Shipping,
section 409 of Title 47, Telegraphs, Telephones, and Radio telegraphs,
sections 9, 43, 46, 916, 1017, and 1484 of former Title 49,
Transportation, section 792 of Title 50, War and National Defense, and
sections 643a, 1152, 2026, and former section 2155 of Title 50,
Appendix, repealing sections 837, 895, 1406, and 2514 of this title,
sections 32 and 33 of Title 15; sections 4874 and 7493 of Title 26,
Internal Revenue Code, section 827 of former Title 46, sections 47 and
48 of former Title 49, and sections 121 to 144 of Title 50, enacting
provisions set out as notes under this section and sections 841, 1511,
1955, preceding 3331, preceding 3481, 3504, and 6001 of this title, and
repealing provisions set out as a note under section 2510 of this title]
may be cited as the `Organized Crime Control Act of 1970'.''
Savings Provision
Amendment by section 314 of Pub. L. 95-598 not to affect the
application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et
seq.), or section 2516, 3057, or 3284 of this title to any act of any
person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1,
1979, in connection with a case commenced before such date, see section
403(d) of Pub. L. 95-598, set out as a note preceding section 101 of
Title 11, Bankruptcy.
Separability
Section 1301 of Pub. L. 91-452 provided that: ``If the provisions of
any part of this Act [see Short Title note set out above] or the
application thereof to any person or circumstances be held invalid, the
provisions of the other parts and their application to other persons or
circumstances shall not be affected thereby.''
Congressional Statement of Findings and Purpose
Section 1 of Pub. L. 91-452 provided in part that:
``The Congress finds that (1) organized crime in the United States
is a highly sophisticated, diversified, and widespread activity that
annually drains billions of dollars from America's economy by unlawful
conduct and the illegal use of force, fraud, and corruption; (2)
organized crime derives a major portion of its power through money
obtained from such illegal endeavors as syndicated gambling, loan
sharking, the theft and fencing of property, the importation and
distribution of narcotics and other dangerous drugs, and other forms of
social exploitation; (3) this money and power are increasingly used to
infiltrate and corrupt legitimate business and labor unions and to
subvert and corrupt our democratic processes; (4) organized crime
activities in the United States weaken the stability of the Nation's
economic system, harm innocent investors and competing organizations,
interfere with free competition, seriously burden interstate and foreign
commerce, threaten the domestic security, and undermine the general
welfare of the Nation and its citizens; and (5) organized crime
continues to grow because of defects in the evidence-gathering process
of the law inhibiting the development of the legally admissible evidence
necessary to bring criminal and other sanctions or remedies to bear on
the unlawful activities of those engaged in organized crime and because
the sanctions and remedies available to the Government are unnecessarily
limited in scope and impact.
``It is the purpose of this Act [see Short Title note above] to seek
the eradication of organized crime in the United States by strengthening
the legal tools in the evidence-gathering process, by establishing new
penal prohibitions, and by providing enhanced sanctions and new remedies
to deal with the unlawful activities of those engaged in organized
crime.''
Liberal Construction of Provisions; Supersedure of Federal or State
Laws; Authority of Attorneys Representing United States
Section 904 of title IX of Pub. L. 91-452 provided that:
``(a) The provisions of this title [enacting this chapter and
amending sections 1505, 2516, and 2517 of this title] shall be liberally
construed to effectuate its remedial purposes.
``(b) Nothing in this title shall supersede any provision of
Federal, State, or other law imposing criminal penalties or affording
civil remedies in addition to those provided for in this title.
``(c) Nothing contained in this title shall impair the authority of
any attorney representing the United States to--
``(1) lay before any grand jury impaneled by any district court
of the United States any evidence concerning any alleged
racketeering violation of law;
``(2) invoke the power of any such court to compel the
production of any evidence before any such grand jury; or
``(3) institute any proceeding to enforce any order or process
issued in execution of such power or to punish disobedience of any
such order or process by any person.''
President's Commission on Organized Crime; Taking of Testimony and
Receipt of Evidence
Pub. L. 98-368, July 17, 1984, 98 Stat. 490, provided for the
Commission established by Ex. Ord. No. 12435, formerly set out below,
authority relating to taking of testimony, receipt of evidence, subpoena
power, testimony of persons in custody, immunity, service of process,
witness fees, access to other records and information, Federal
protection for members and staff, closure of meetings, rules, and
procedures, for the period of July 17, 1984, until the earlier of 2
years or the expiration of the Commission.
Executive Order No. 12435
Ex. Ord. No. 12435, July 28, 1983, 48 F.R. 34723, as amended Ex.
Ord. No. 12507, Mar. 22, 1985, 50 F.R. 11835, which established and
provided for the administration of the President's Commission on
Organized Crime, was revoked by Ex. Ord. No. 12610, Sept. 30, 1987, 52
F.R. 36901, formerly set out as a note under section 14 of the Federal
Advisory Committee Act in the Appendix to Title 5, Government
Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 924, 1956, 1959 of this
title; title 7 section 12a.
