§ 1961. Definitions
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), 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), section
1510 (relating to obstruction of criminal investigations), section
1511 (relating to the obstruction of State or local law enforcement), section
1512 (relating to tampering with a witness, victim, or an informant), section
1513 (relating to retaliating against a witness, victim, or an informant), 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
1581–1592 (relating to peonage, slavery, and trafficking in persons).,[1] section
1951 (relating to interference with commerce, robbery, or extortion), 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), section
1960 (relating to illegal money transmitters), 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), 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), sections
175–178 (relating to biological weapons), sections
229–229F (relating to chemical weapons), section
831 (relating to nuclear materials), (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.
[1] So in original.