Lawyerdude's explanation of RICO and Section 1983, 1985

Section 1983. Civil action for deprivation of rights : Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. SOURCE (R.S. Sec. 1980.) CODIFICATION R.S. Sec. 1980 derived from acts July 31, 1861, ch. 33, 12 Stat. 284; Apr. 20, 1871, ch. 22, Sec. 2, 17 Stat. 13. Section was formerly classified to section 47 of Title 8, Aliens and Nationality. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1986, 1988 of this title; title 28 section 1343.

Section 1985. Conspiracy to interfere with civil rights 1. (1) Preventing officer from performing duties If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, district, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties;

(2) Obstructing justice; intimidating party, witness, or juror If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws;

(3) Depriving persons of rights or privileges If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

Section 1986. Action for neglect to prevent Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued. Previous [Notes] Next Related Resources Health Law Guide Health Articles and Documents Health Discussion

Section 1987. Prosecution of violation of certain laws 1. The United States attorneys, marshals, and deputy marshals, the United States magistrate judges appointed by the district and territorial courts, with power to arrest, imprison, or bail offenders, and every other officer who is especially empowered by the President, are authorized and required, at the expense of the United States, to institute prosecutions against all persons violating any of the provisions of section 1990 of this title or of sections 5506 to 5516 and 5518 to 5532 of the Revised Statutes, and to cause such persons to be arrested, and imprisoned or bailed, for trial before the court of the United States or the territorial court having cognizance of the offense. Section 1988. Proceedings in vindication of civil rights (a) Applicability of statutory and common law The jurisdiction in civil and criminal matters conferred on the district courts by the provisions of titles 13, 24, and 70 of the Revised Statutes for the protection of all persons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty. (b) Attorney's fees In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92-318 (20 U.S.C. 1681 et seq.), the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.), the Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. 2000cc et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), or section 13981 of this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity such officer shall not be held liable for any costs, including attorney's fees, unless such action was clearly in excess of such officer's jurisdiction. (c) Expert fees In awarding an attorney's fee under subsection (b) of this section in any action or proceeding to enforce a provision of section 1981 or 1981a of this title, the court, in its discretion, may include expert fees as part of the attorney's fee. Previous [Notes] Next Related Resources Health Law Guide Health Articles and Documents Health Discussion

Section 1989. United States magistrate judges; appointment of persons to execute warrants 1. The district courts of the United States and the district courts of the Territories, from time to time, shall increase the number of United States magistrate judges, so as to afford a speedy and convenient means for the arrest and examination of persons charged with the crimes referred to in section 1987 of this title; and such magistrate judges are authorized and required to exercise all the powers and duties conferred on them herein with regard to such offenses in like manner as they are authorized by law to exercise with regard to other offenses against the laws of the United States. Said magistrate judges are empowered, within their respective counties, to appoint, in writing, under their hands, one or more suitable persons, from time to time, who shall execute all such warrants or other process as the magistrate judges may issue in the lawful performance of their duties, and the persons so appointed shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged; and such warrants shall run and be executed anywhere in the State or Territory within which they are issued. Section 1443. Civil rights cases 1. Any of the following civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the district court of the United States for the district and division embracing the place wherein it is pending: (1) Against any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof; (2) For any act under color of authority derived from any law providing for equal rights, or for refusing to do any act on the ground that it would be inconsistent with such law.

Title 18 United States code, Section 1961. Definitions of predicate crimes for RICO

1. 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;

(B) any act which is 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),

§ 1343. Fraud by wire, radio, or television

Release date: 2005-08-03

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

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 limited to actions against jurors and officers as set forth therein),

Sec. 1503. Influencing or injuring officer or juror generally

(a) Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any grand or petit juror, or officer in or of any court of the United States, or officer who may be serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate, in the discharge of his duty, or injures any such grand or petit juror in his person or property on account of any verdict or indictment assented to by him, or on account of his being or having been such juror, or injures any such officer, magistrate judge, or other committing magistrate in his person or property on account of the performance of his official duties, or corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice, shall be punished as provided in subsection (b). If the offense under this section occurs in connection with a trial of a criminal case, and the act in violation of this section involves the threat of physical force or physical force, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.

(b) The punishment for an offense under this section is -

(1) in the case of a killing, the punishment provided in sections 1111 and 1112;

(2) in the case of an attempted killing, or a case in which the offense was committed against a petit juror and in which a class A or B felony was charged, imprisonment for not more than 20 years, a fine under this title, or both; and

(3) in any other case, imprisonment for not more than 10 years, a fine under this title, or both.

section 1510 (relating to obstruction of criminal investigations as set forth therein),

§ 1510. Obstruction of criminal investigations Release date: 2005-08-03

(a) Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator shall be fined under this title, or imprisoned not more than five years, or both.

(b)(1) Whoever, being an officer of a financial institution, with the intent to obstruct a judicial proceeding, directly or indirectly notifies any other person about the existence or contents of a subpoena for records of that financial institution, or information that has been furnished to the grand jury in response to that subpoena, shall be fined under this title or imprisoned not more than 5 years, or both.

(2) Whoever, being an officer of a financial institution, directly or indirectly notifies—

(A) a customer of that financial institution whose records are sought by a grand jury subpoena; or(B) any other person named in that subpoena;about the existence or contents of that subpoena or information that has been furnished to the grand jury in response to that subpoena, shall be fined under this title or imprisoned not more than one year, or both.(3) As used in this subsection—(A) the term “an officer of a financial institution” means an officer, director, partner, employee, agent, or attorney of or for a financial institution; and(B) the term “subpoena for records” means a Federal grand jury subpoena or a Department of Justice subpoena (issued under section 3486 of title 18), for customer records that has been served relating to a violation of, or a conspiracy to violate—(i) section 215, 656, 657, 1005, 1006, 1007, 1014, 1344, 1956, 1957, or chapter 53 of title 31; or

(ii) section 1341 or 1343 affecting a financial institution.

(c) As used in this section, the term “criminal investigator” means any individual duly authorized by a department, agency, or armed force of the United States to conduct or engage in investigations of or prosecutions for violations of the criminal laws of the United States.

(d)

(1) Whoever—

(A) acting as, or being, an officer, director, agent or employee of a person engaged in the business of insurance whose activities affect interstate commerce, or

(B) is engaged in the business of insurance whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business,

with intent to obstruct a judicial proceeding, directly or indirectly notifies any other person about the existence or contents of a subpoena for records of that person engaged in such business or information that has been furnished to a Federal grand jury in response to that subpoena, shall be fined as provided by this title or imprisoned not more than 5 years, or both.

(2) As used in paragraph (1), the term “subpoena for records” means a Federal grand jury subpoena for records that has been served relating to a violation of, or a conspiracy to violate, section 1033 of this title.

section 1511 (relating to the obstruction of State or local law enforcement pertaining to gambling),

Section 1511. Obstruction of State or local law enforcement

(a) It shall be unlawful for two or more persons to conspire to

obstruct the enforcement of the criminal laws of a State or

political subdivision thereof, with the intent to facilitate an

illegal gambling business if -

(1) one or more of such persons does any act to effect the

object of such a conspiracy;

(2) one or more of such persons is an official or employee,

elected, appointed, or otherwise, of such State or political

subdivision; and

(3) one or more of such persons conducts, finances, manages,

supervises, directs, or owns all or part of an illegal gambling

business.

(b) As used in this section -

(1) ''illegal gambling business'' means a gambling business

which -

(i) is a violation of the law of a State or political

subdivision in which it is conducted;

(ii) involves five or more persons who conduct, finance,

manage, supervise, direct, or own all or part of such business;

and

(iii) has been or remains in substantially continuous

operation for a period in excess of thirty days or has a gross

revenue of $2,000 in any single day.

(2) ''gambling'' includes but is not limited to pool-selling,

bookmaking, maintaining slot machines, roulette wheels, or dice

tables, and conducting lotteries, policy, bolita or numbers

games, or selling chances therein.

(3) ''State'' means any State of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, and any

territory or possession of the United States.

similar game of chance conducted by an organization exempt from tax

under paragraph (3) of subsection (c) of section 501 of the

Internal Revenue Code of 1986, as amended, if no part of the gross

receipts derived from such activity inures to the benefit of any

private shareholder, member, or employee of such organization,

except as compensation for actual expenses incurred by him in the

conduct of such activity.

(d) Whoever violates this section shall be punished by a fine

under this title or imprisonment for not more than five years, or

both.

section 1512 (relating to tampering with a witness, victim, or an informant),

Judge Carr violated 18 USC 1512 a2

Section 1512. Tampering with a witness, victim, or an informant

(a)(1) Whoever kills or attempts to kill another person, with

intent to -

(A) prevent the attendance or testimony of any person in an

official proceeding;

(B) prevent the production of a record, document, or other

object, in an official proceeding; or

enforcement officer or judge of the United States of information

relating to the commission or possible commission of a Federal

offense or a violation of conditions of probation, parole, or

release pending judicial proceedings;

shall be punished as provided in paragraph (3).

(2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to -

(A) influence, delay, or prevent the testimony of any person in an official proceeding;

(B) cause or induce any person to -

(i) withhold testimony, or withhold a record, document, or

other object, from an official proceeding;

(ii) alter, destroy, mutilate, or conceal an object with

intent to impair the integrity or availability of the object

for use in an official proceeding;

(iii) evade legal process summoning that person to appear as

a witness, or to produce a record, document, or other object,in an official proceeding; or

(iv) be absent from an official proceeding to which that person has been summoned by legal process; or

(C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings;

shall be punished as provided in paragraph (3).

(3) The punishment for an offense under this subsection is -

(A) in the case of murder (as defined in section 1111), the

death penalty or imprisonment for life, and in the case of any

other killing, the punishment provided in section 1112;

(B) in the case of -

(i) an attempt to murder; or

(ii) the use or attempted use of physical force against any

person;

imprisonment for not more than 20 years; and

any person, imprisonment for not more than 10 years.

(b) Whoever knowingly uses intimidation, threatens, or corruptly

persuades another person, or attempts to do so, or engages in

misleading conduct toward another person, with intent to -

(1) influence, delay, or prevent the testimony of any person in

an official proceeding;

(2) cause or induce any person to -

(A) withhold testimony, or withhold a record, document, or

other object, from an official proceeding;

(B) alter, destroy, mutilate, or conceal an object with

intent to impair the object's integrity or availability for use

in an official proceeding;

witness, or to produce a record, document, or other object, in

an official proceeding; or

(D) be absent from an official proceeding to which such

person has been summoned by legal process; or

(3) hinder, delay, or prevent the communication to a law

enforcement officer or judge of the United States of information

relating to the commission or possible commission of a Federal

offense or a violation of conditions of probation (FOOTNOTE 1)

supervised release,, (FOOTNOTE 1) parole, or release pending

judicial proceedings;

(FOOTNOTE 1) So in original.

shall be fined under this title or imprisoned not more than ten

years, or both.

(1) alters, destroys, mutilates, or conceals a record,

document, or other object, or attempts to do so, with the intent

to impair the object's integrity or availability for use in an

official proceeding; or

(2) otherwise obstructs, influences, or impedes any official

proceeding, or attempts to do so,

shall be fined under this title or imprisoned not more than 20

years, or both.

(d) Whoever intentionally harasses another person and thereby

hinders, delays, prevents, or dissuades any person from -

(1) attending or testifying in an official proceeding;

(2) reporting to a law enforcement officer or judge of the

United States the commission or possible commission of a Federal

offense or a violation of conditions of probation (FOOTNOTE 1)

supervised release,, (FOOTNOTE 1) parole, or release pending

judicial proceedings;

(3) arresting or seeking the arrest of another person in

connection with a Federal offense; or

(4) causing a criminal prosecution, or a parole or probation

revocation proceeding, to be sought or instituted, or assisting

in such prosecution or proceeding;

or attempts to do so, shall be fined under this title or imprisoned

not more than one year, or both.

(e) In a prosecution for an offense under this section, it is an

affirmative defense, as to which the defendant has the burden of

proof by a preponderance of the evidence, that the conduct

consisted solely of lawful conduct and that the defendant's sole

intention was to encourage, induce, or cause the other person to

testify truthfully.

(f) For the purposes of this section -

(1) an official proceeding need not be pending or about to be

instituted at the time of the offense; and

(2) the testimony, or the record, document, or other object

need not be admissible in evidence or free of a claim of

privilege.

(g) In a prosecution for an offense under this section, no state

of mind need be proved with respect to the circumstance -

(1) that the official proceeding before a judge, court,

magistrate judge, grand jury, or government agency is before a

judge or court of the United States, a United States magistrate

judge, a bankruptcy judge, a Federal grand jury, or a Federal

Government agency; or

(2) that the judge is a judge of the United States or that the

law enforcement officer is an officer or employee of the Federal

Government or a person authorized to act for or on behalf of the

Federal Government or serving the Federal Government as an

adviser or consultant.

(h) There is extraterritorial Federal jurisdiction over an

offense under this section.

(i) A prosecution under this section or section 1503 may be

brought in the district in which the official proceeding (whether

or not pending or about to be instituted) was intended to be

affected or in the district in which the conduct constituting the

alleged offense occurred.

(j) If the offense under this section occurs in connection with a

trial of a criminal case, the maximum term of imprisonment which

may be imposed for the offense shall be the higher of that

otherwise provided by law or the maximum term that could have been

imposed for any offense charged in such case.

(k) Whoever conspires to commit any offense under this section

shall be subject to the same penalties as those prescribed for the

offense the commission of which was the object of the conspiracy.

section 1513 (relating to retaliating against a witness, victim, or an informant),

Section 1513. Retaliating against a witness, victim, or an informant

(a)(1) Whoever kills or attempts to kill another person with

intent to retaliate against any person for -

(A) the attendance of a witness or party at an official

proceeding, or any testimony given or any record, document, or

other object produced by a witness in an official proceeding; or

(B) providing to a law enforcement officer any information

relating to the commission or possible commission of a Federal

offense or a violation of conditions of probation (FOOTNOTE 1)

supervised release,, (FOOTNOTE 1) parole, or release pending

judicial proceedings,

(FOOTNOTE 1) So in original.

shall be punished as provided in paragraph (2).

(2) The punishment for an offense under this subsection is -

(A) in the case of a killing, the punishment provided in

sections 1111 and 1112; and

(B) in the case of an attempt, imprisonment for not more than

20 years.

(b) Whoever knowingly engages in any conduct and thereby causes

bodily injury to another person or damages the tangible property of

another person, or threatens to do so, with intent to retaliate

against any person for -

(1) the attendance of a witness or party at an official

proceeding, or any testimony given or any record, document, or

other object produced by a witness in an official proceeding; or

(2) any information relating to the commission or possible

commission of a Federal offense or a violation of conditions of

probation (FOOTNOTE 1) supervised release,, (FOOTNOTE 1) parole,

or release pending judicial proceedings given by a person to a

law enforcement officer;

or attempts to do so, shall be fined under this title or imprisoned

not more than ten years, or both.

testimony in a criminal case, the maximum term of imprisonment

which may be imposed for the offense under this section shall be

the higher of that otherwise provided by law or the maximum term

that could have been imposed for any offense charged in such case.

(d) There is extraterritorial Federal jurisdiction over an

offense under this section.

(e) (FOOTNOTE 2) Whoever knowingly, with the intent to retaliate,

takes any action harmful to any person, including interference with

the lawful employment or livelihood of any person, for providing to

a law enforcement officer any truthful information relating to the

commission or possible commission of any Federal offense, shall be

fined under this title or imprisoned not more than 10 years, or

both.

(FOOTNOTE 2) So in original. Two subsecs. (e) have been

enacted.

(e) (FOOTNOTE 2) Whoever conspires to commit any offense under

this section shall be subject to the same penalties as those

prescribed for the offense the commission of which was the object

of the conspiracy.

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),

§ 1951. Interference with commerce by threats or violence

Release date: 2005-08-03

(a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both.

(b) As used in this section—

(1) The term “robbery” means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining.

(2) The term “extortion” means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.

(3) The term “commerce” means commerce within the District of Columbia, or any Territory or Possession of the United States; all commerce between any point in a State, Territory, Possession, or the District of Columbia and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction.

(c) This section shall not be construed to repeal, modify or affect section 17 of Title 15, sections 52, 101–115, 151–166 of Title 29 or sections 151–188 of Title 45.

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),

§ 2320. Trafficking in counterfeit goods or services

Release date: 2005-08-03

(a) Whoever intentionally traffics or attempts to traffic in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services shall, if an individual, be fined not more than $2,000,000 or imprisoned not more than 10 years, or both, and, if a person other than an individual, be fined not more than $5,000,000. In the case of an offense by a person under this section that occurs after that person is convicted of another offense under this section, the person convicted, if an individual, shall be fined not more than $5,000,000 or imprisoned not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000.

(b) Upon a determination by a preponderance of the evidence that any articles in the possession of a defendant in a prosecution under this section bear counterfeit marks, the United States may obtain an order for the destruction of such articles.

(c) All defenses, affirmative defenses, and limitations on remedies that would be applicable in an action under the Lanham Act shall be applicable in a prosecution under this section. In a prosecution under this section, the defendant shall have the burden of proof, by a preponderance of the evidence, of any such affirmative defense.

(d)

(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.

(2) Persons permitted to submit victim impact statements shall include—

(A) producers and sellers of legitimate goods or services affected by conduct involved in the offense;

(B) holders of intellectual property rights in such goods or services; and

(e) For the purposes of this section—

(1) the term “counterfeit mark” means—

(A) a spurious mark—

(i) that is used in connection with trafficking in goods or services;

(ii) that is identical with, or substantially indistinguishable from, a mark registered for those goods or services on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered; and

(iii) the use of which is likely to cause confusion, to cause mistake, or to deceive; or

(B) a spurious designation that is identical with, or substantially indistinguishable from, a designation as to which the remedies of the Lanham Act are made available by reason of section 220506 of title 36;

but such term does not include any mark or designation used in connection with goods or services of which the manufacturer or producer was, at the time of the manufacture or production in question authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation;

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,

(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, or

(G) any act that is indictable under any provision listed in section 2332b(g)(5)(B); (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 (B) 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.

Section 1964. Civil remedies for RICO 1. (a) The district courts of the United States shall have jurisdiction to prevent and restrain violations of section 1962 of this chapter by issuing appropriate orders, including, but not limited to: ordering any person to divest himself of any interest, direct or indirect, in any enterprise; imposing reasonable restrictions on the future activities or investments of any person, including, but not limited to, prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in, the activities of which affect interstate or foreign commerce; or ordering dissolution or reorganization of any enterprise, making due provision for the rights of innocent persons. (b) The Attorney General may institute proceedings under this section. Pending final determination thereof, the court may at any time enter such restraining orders or prohibitions, or take such other actions, including the acceptance of satisfactory performance bonds, as it shall deem proper. (c) Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney's fee, except that no person may rely upon any conduct that would have been actionable as fraud in the purchase or sale of securities to establish a violation of section 1962. The exception contained in the preceding sentence does not apply to an action against any person that is criminally convicted in connection with the fraud, in which case the statute of limitations shall start to run on the date on which the conviction becomes final. (d) A final judgment or decree rendered in favor of the United States in any criminal proceeding brought by the United States under this chapter shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States.

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