Pattern Criminal Jury Instructions of the RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT— “SECTION C”

• Jurisdiction: United States
• Section: Pattern Criminal Jury Instructions

2.76.5

SUBSTANTIVE OFFENSES

2.76.5

287

RACKETEER INFLUENCED AND CORRUPT

ORGANIZATIONS ACT—“SECTION C”

Fourth Element—Engaging in a Pattern of

Racketeering Activity

The fourth element that the government must prove

beyond a reasonable doubt is that the defendant engaged [in

a pattern of racketeering activity] [the collection of an

unlawful debt].

[That racketeering activity may consist of state offenses

as well as federal offenses.]

The government has charged the defendant with com-

mitting the following racketeering acts: [read the charged

racketeering acts from the indictment]. You must f‌ind that

the defendant committed two of these acts within ten years

of each other.

In order for the state offense of [insert state offense] to

be considered as a racketeering act, the government must

prove to you beyond a reasonable doubt that the defendant

committed that offense as def‌ined by state law. The ele-

ments of that offense are as follows:

[List elements of state law offense.]

To prove that the acts constitute a pattern of racketeer-

ing activity, the government must prove that the acts of

racketeering are related to each other and that they pose a

threat of continued criminal activity. It is not suff‌icient for

the government to prove only that the defendant committed

two of the racketeering acts I have just described. A series of

disconnected acts does not constitute a pattern, and a series

of disconnected crimes does not constitute a pattern of

racketeering activity, nor do they amount to or pose a threat

of continued racketeering activity.

To prove that the acts of racketeering are related, the