Criminal Enterprise
The FBI defines a criminal enterprise as a group of individuals
with an identified hierarchy, or comparable structure, engaged in significant
criminal activity. These organizations often engage in multiple criminal
activities and have extensive supporting networks. The terms Organized
Crime and Criminal Enterprise are similar and often used synonymously.
However, various federal criminal statutes specifically define the
elements of an enterprise that need to be proven in order to convict
individuals or groups of individuals under those statutes.
The Racketeer
Influenced and Corrupt Organizations statute, or Title 18 of the
United States Code, Section 1961(4) defines an enterprise as "any
individual, partnership, corporation, association, or other legal
entity, and any union or group of individuals associated in fact
although not a legal entity."
The Continuing
Criminal Enterprise statute or Title 21 of the United States Code,
Section 848(c)(2) defines a criminal enterprise as any group of six
or more people, where one of the six occupies a position of organizer,
a supervisory position, or any other position of management with
respect to the other five, and which generates substantial income
or resources, and is engaged in a continuing series of violations
of Subchapters I and II of Chapter 13 of Title 21 of the United States
Code.
Organized
Crime
The FBI defines organized
crime as any group having some manner of a formalized structure and whose
primary objective is to obtain money through illegal activities. Such groups
maintain their position through the use of actual or threatened violence,
corrupt public officials, graft, or extortion, and generally have a significant
impact on the people in their locales, region, or the country as a whole.
Significant Racketeering
Activity
The FBI defines significant
racketeering activities as those predicate criminal acts which are chargeable
under the Racketeer Influenced and Corrupt Organizations (RICO) Statute.
These are found in Title 18 of the United States Code, Section 1961 (1) and
include the following federal crimes:
Bribery
Sports Bribery
Counterfeiting
Embezzlement of Union Funds
Mail Fraud
Wire Fraud
Money Laundering
Obstruction of Justice
Murder for Hire
Drug Trafficking
Prostitution
Sexual Exploitation of Children
Alien Smuggling
Trafficking in Counterfeit Goods
Theft from Interstate Shipment
Interstate Transportation of Stolen Property
and the following state
crimes:
Murder
Kidnapping
Gambling
Arson
Robbery
Bribery
Extortion
Drugs
Statutory Jurisdiction
The Federal Bureau of Investigation (FBI) is the principal investigative
arm of the United States Department of Justice (DOJ). Title 28, United
States Code (U.S. Code), Section 533, which authorizes the Attorney General
to "appoint officials to detect ... crimes against the United States," and
other federal statutes give the FBI the authority and responsibility
to investigate specific crimes. At present, the FBI has investigative
jurisdiction over violations of more than 200 categories of Federal crimes.
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