AND · 18usc1962:acquisition
Under § 1962(b), the acquisition or maintenance of interest/control in the enterprise must occur *through* the pattern of racketeering activity or unlawful debt collection, and civil plaintiffs must show "acquisition injury" distinct from predicate-act injury.
Exact element source
to acquire or maintain, directly or indirectly, any interest in or control ofSource:
docroot/ir/usc/title18.jsonl#title18_sec1962; Unicode character offsets [1380:1457] (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) |
|---|---|---|---|---|
| Unclassified route provisional; provisional (1 case) | no definition yet | 0 Satisfied 0; not satisfied 0; excluded context 1 | 0 | Used only in non-merits blocks (1). Excluded context examples:Seville Industrial Machinery Corp. v. Southmost Machinery Corp. — 567 F. Supp. 1146 (1983) · United States District Court for the District of New Jersey · 1983 — not reached · basis not recorded (18usc1962: author: Fable · not independently reviewed) · applied/merits · not counted |
How courts decided this element
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| Seville Industrial Machinery Corp. v. Southmost Machinery Corp. — 567 F. Supp. 1146 (1983) · United States District Court for the District of New Jersey · 1983 — not reached (18usc1962: author: Fable · not independently reviewed) | Acquire or maintain interest in or control of an enterprise (§ 1962(b)) | not_reached Excluded from merits counts applied / merits claim: (b),(c),(d) (b) pleaded but falls with the enterprise element; no separate analysis beyond noting a person cannot acquire an interest in himself. | Unspecified route | No source quotation recorded for this block. |
Court interpretations
interpretation
Consequently, since the enterprise in subsection (c) is not being acquired, it need not have a property interest that can be acquired nor an economic motive for engaging in illegal activity; it need only be an association in fact that engages in a pattern of racketeering activity.
National Organization for Women, Inc. v. Scheidler — 510 U.S. 249 (1994) · Supreme Court of the United States · 1994 (18usc1962: author: Fable · historical QA: FIX (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)
Consequently, since the enterprise in subsection (c) is not being acquired, it need not have a property interest that can be acquired nor an economic motive for engaging in illegal activity; it need only be an association in fact that engages in a pattern of racketeering activity.Source:
docroot/ir/caselaw/us_510.jsonl#/us/510/0249-01; Unicode character offsets [12588:12869] (end exclusive); SHA-256 cb4e617ad929914e8013956e456c6d025b7f974213b9a4c541b1fdd0f9d49931.Under § 1962(b), the acquisition or maintenance of interest/control in the enterprise must occur *through* the pattern of racketeering activity or unlawful debt collection, and civil plaintiffs must show "acquisition injury" distinct from predicate-act injury.