(a) Prohibition
It shall be unlawful for any person who has received any income derived,
directly or indirectly, from a violation of this subchapter or subchapter
II of this chapter punishable by imprisonment for more than one year
in which such person has participated as a principal within the meaning
of section 2 of title 18, 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 section if the securities of the issuer held
by the purchaser, the members of his immediate family, and his or their
accomplices in any violation of this subchapter or subchapter II of
this chapter after such purchase do not amount in the aggregate to 1
per centum 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) Penalty
Whoever violates this section shall be fined not more than $50,000 or
imprisoned not more than ten years, or both.
(c) ''Enterprise''
defined
As used in this section, the term ''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.
(d) Construction
The provisions of this section shall be liberally construed to effectuate
its remedial purposes.
(Pub. L. 91-513, title II,
Sec. 414, as added Pub. L. 98-473, title II,
Sec. 303, Oct. 12, 1984, 98 Stat. 2049.)
