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 activitySource:
docroot/ir/usc/title18.jsonl#title18_sec1962; Unicode character offsets [148:169] (end exclusive); SHA-256 6caae47f43b5ab0899b660616e298363bd36f9f540d915c2be11eb7126f5e27d.Routes and case patterns
| Route | Definition | Merits instance blocks | Distinct merits cases | Examples (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 |
How courts decided this element
| Case | Element | Holding and scope | Pattern | Exact 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.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.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. |
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".