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; (
any act whichis 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, or (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.
(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 (
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.
----------------------------------------------------------------
Sec. 1962. Prohibited activities
(a) It shall be unlawful for any person who has received any income
derived, directly or indirectly, from a pattern of racketeering activity
or through collection of an unlawful debt in which such person has
participated as a principal within the meaning of section 2, title 18,
United States Code, to use or invest, directly or indirectly, any part
of such income, or the 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. A purchase of securities on the open market for purposes of
investment, and without the intention of controlling or participating in
the control of the issuer, or of assisting another to do so, shall not
be unlawful under this subsection if the securities of the issuer held
by the purchaser, the members of his immediate family, and his or their
accomplices in any pattern or racketeering activity or the collection of
an unlawful debt after such purchase do not amount in the aggregate to
one percent of the outstanding securities of any one class, and do not
confer, either in law or in fact, the power to elect one or more
directors of the issuer.
(b) It shall be unlawful for any person through a pattern of
racketeering activity or through collection of an unlawful debt 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.
(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 participate, directly or
indirectly, in the conduct of such enterprise's affairs through a
pattern of racketeering activity or collection of unlawful debt.
(d) It shall be unlawful for any person to conspire to violate any
of the provisions of subsection (a), (b), or (c) of this section.
