§1962 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It makes it illegal for anyone who got money from a pattern of racketeering activity or from collecting an unlawful debt, and who took part as a principal under section 2 of Title 18, to directly or indirectly use or invest that money to buy into, start, or run any business that does business across state lines or with other countries. Buying stock on the open market just for investment is allowed only if the buyer, plus immediate family and accomplices, ends up with less than one percent of any one class of shares and does not gain the legal or practical power to elect one or more directors. It also makes it illegal to get or keep control of such a business by racketeering or collecting unlawful debts, for someone who works for or is linked to a business to run its affairs by those means, and to conspire with others to do any of these things.

Title 18, §1962

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code, 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 subsection if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern or racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent 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)It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.

(c)It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity or collection of unlawful debt.

(d)It shall be unlawful for any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of this section.

Editorial Notes

Amendments

1988—Subsec. (d). Pub. L. 100–690 substituted “subsection” for “subsections”.

§1962 Prohibited Activities

Summary

Title 18, §1962

Notes & Related Subsidiaries

Editorial Notes

Amendments

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