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.