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.All variants
| Variant | Description | Merits instance blocks | Distinct cases | Example cases (up to 3 per group) |
|---|---|---|---|---|
| Unspecified variant | No variant assigned in the database. | 0 Satisfied 0; not satisfied 0; excluded context 1 | 0 | No counted merits examples Excluded context examples: /f-supp/567/1146-01 — United States District Court for the District of New Jersey · 1983 — applied/merits |
How courts decided this element
| Case | Element | Holding and scope | Variant | Exact source quotations |
|---|---|---|---|---|
| /f-supp/567/1146-01 — United States District Court for the District of New Jersey · 1983 | 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 variant | 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.
/us/510/0249-01 — Supreme Court of the United States · 1994
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.