Offense involving fraud connected with a case under title 11 (§ 1961(1)(D))

OR · 18usc1962:racketeering.bankruptcy-fraud

Enumerated in § 1961(1)(D) as "any offense involving fraud connected with a case under title 11".

Exact element source

racketeering activity
Source: docroot/ir/usc/title18.jsonl#title18_sec1962; Unicode character offsets [148:169] (end exclusive); SHA-256 6caae47f43b5ab0899b660616e298363bd36f9f540d915c2be11eb7126f5e27d.

Routes and case patterns

Curated routes and observed case patterns
RouteDefinitionMerits instance blocksDistinct merits casesExamples (up to 3 cases per count group)
_whole
accepted; provisional (1 case)
The element is decided as a whole: the reasoning turns on no narrower doctrinal sub-question that distinguishes it from any other application of this element.1
Satisfied 1; not satisfied 0; excluded context 0
1

United States v. Weisman — 624 F.2d 1118 (1980) · United States Court of Appeals for the Second Circuit · 1980 — satisfied · proved (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed) · applied/merits · counted
Pattern: bankruptcy-fraud/skimming-receipts-of-debtor-in-possession

How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
United States v. Weisman — 624 F.2d 1118 (1980) · United States Court of Appeals for the Second Circuit · 1980 — satisfied · proved (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)Offense involving fraud connected with a case under title 11 (§ 1961(1)(D))satisfied
Counted merits instance
applied / merits

basis: proved; claim: (c); party: Weisman; subject: party=Weisman

Each of nine bankruptcy-fraud counts was a distinct episode and a separate predicate act.
bankruptcy-fraud/skimming-receipts-of-debtor-in-possession
The newly constructed Theatre opened in March 1975, at which time Weisman and his confederates systematically began to skim and convert to their own use moneys received by the Theatre from ticket sales and various concessions.
Source: docroot/ir/caselaw/f2d_624.jsonl#/f2d/624/1118-01; Unicode character offsets [3120:3346] (end exclusive); SHA-256 9f02652be952ebf06fe5bc7850efdd6237ac4cd8110d7ce9690b75ad54eaa6ed.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Nonetheless, Weisman, DePalma and Fusco, now joined by Cannatella, continued secretly to skim the Theatre’s receipts.
Source: docroot/ir/caselaw/f2d_624.jsonl#/f2d/624/1118-01; Unicode character offsets [4046:4163] (end exclusive); SHA-256 9f02652be952ebf06fe5bc7850efdd6237ac4cd8110d7ce9690b75ad54eaa6ed.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Thus, even excluding the conspiracy counts as predicate acts, the convictions for securities fraud and bankruptcy fraud could also constitute ten separate predicate acts of racketeering, any two of which would be sufficient to sustain the conviction on the RICO count.
Source: docroot/ir/caselaw/f2d_624.jsonl#/f2d/624/1118-01; Unicode character offsets [16748:17016] (end exclusive); SHA-256 9f02652be952ebf06fe5bc7850efdd6237ac4cd8110d7ce9690b75ad54eaa6ed.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations

interpretation

This language is certainly broad enough on its face to include conspiracies involving securities and bankruptcy fraud and drug related offenses.

United States v. Weisman — 624 F.2d 1118 (1980) · United States Court of Appeals for the Second Circuit · 1980 (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)

This language is certainly broad enough on its face to include conspiracies involving securities and bankruptcy fraud and drug related offenses.
Source: docroot/ir/caselaw/f2d_624.jsonl#/f2d/624/1118-01; Unicode character offsets [14879:15023] (end exclusive); SHA-256 9f02652be952ebf06fe5bc7850efdd6237ac4cd8110d7ce9690b75ad54eaa6ed.

Enumerated in § 1961(1)(D) as "any offense involving fraud connected with a case under title 11".