AND · 18usc1962:racketeering
(formerly `variant unmodeled/remaining-section-1961-1`) Explicit open catalogue: murder, kidnapping, gambling, arson, robbery, bribery, narcotics, immigration-document offenses, financial-institution fraud, false statements, money laundering, and additional obstruction, securities, bankruptcy, and state-law predicates remain to be decomposed. Predicate offenses must fall within the exhaustive list in 18 U.S.C. § 1961(1); the child entries below are a research subset, and the UNMODELED_PREDICATE_CATALOGUE is intentionally open rather than an implicit claim that the subset is complete. Fraud predicates must be pleaded with particularity under Fed. R. Civ. P. 9(b).
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) |
|---|---|---|---|---|
| Unclassified route provisional; 5 observed cases | no definition yet | 0 Satisfied 0; not satisfied 0; excluded context 5 | 0 | Used only in non-merits blocks (5). Excluded context examples:United States v. Calabrese — 490 F.3d 575 (2007) · United States Court of Appeals for the Seventh Circuit · 2007 — not reached · basis not recorded (18usc1962: author: Fable · historical QA: FIX (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed) · background/merits · not counted Chang v. Chen — 80 F.3d 1293 (1996) · United States Court of Appeals for the Ninth Circuit · 1996 — not reached · basis not recorded (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed) · applied/merits · not counted Reves v. Ernst — 507 U.S. 170 (1993) · Supreme Court of the United States · 1993 — not reached · basis not recorded (18usc1962: author: Fable · not independently reviewed) · applied/merits · not counted |
| _comparator accepted; provisional (1 case) | The element is used as a yardstick for another statute or question, not applied to this case's own conduct. | 0 Satisfied 0; not satisfied 0; excluded context 1 | 0 | Used only in non-merits blocks (1). Excluded context examples:Roe v. Howard — 917 F.3d 229 (2019) · United States Court of Appeals for the Fourth Circuit · 2019 — not reached · basis not recorded (18usc1962: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · comparator/merits · not counted |
| _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 0; not satisfied 1; excluded context 0 | 1 | Republic of Kaz. v. Stati — 380 F. Supp. 3d 55 (2019) · United States District Court for the District of Columbia · 2019 — not · law (18usc1962: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted |
How courts decided this element
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| Republic of Kaz. v. Stati — 380 F. Supp. 3d 55 (2019) · United States District Court for the District of Columbia · 2019 — not · law (18usc1962: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Racketeering activity (§ 1961(1) enumerated state and federal predicate offenses) | not Counted merits instance applied / merits basis: law; claim: (c), (d); party: Stati Parties (Anatolie and Gabriel Stati, Ascom Group, Terra Raf); count: Counts I and II, civil RICO § 1962(c) and (d); theory: mail fraud, wire fraud and money laundering consisting of litigation filings and legal-fee payments made to obtain and enforce an arbitral award; subject: party=Stati Parties (Anatolie and Gabriel Stati, Ascom Group, Terra Raf); count=Counts I and II, civil RICO § 1962(c) and (d); theory=mail fraud, wire fraud and money laundering consisting of litigation filings and legal-fee payments made to obtain and enforce an arbitral award Added in triage: the court's first and principal ground. Non-frivolous litigation activity (filings, service, payment of counsel) cannot serve as RICO predicate acts. | litigation filings and payment of counsel's fees in arbitration-enforcement proceedings pleaded as mail fraud, wire fraud and money laundering | Thus, Kazakhstan charges that the Stati Parties misrepresented the value of the LPG plant during the SCC arbitration when they proffered "the fraudulently procured bids," the "falsified financial statements," "false testimony regarding the amount of the investment in the LPG [p]lant," and "expert reports" that restated those figures as evidence.Source: docroot/ir/caselaw/f_supp_3d_380.jsonl#/f-supp-3d/380/0055-01; Unicode character offsets [3364:3711] (end exclusive); SHA-256 bd566de524929bccb41114e984dc18db95334e9d31adbdfbae81193088ac38e9.The predicate acts of mail fraud and wire fraud that Kazakhstan lists to support its RICO claim all involve the filing of legal documents and complaints.Source: docroot/ir/caselaw/f_supp_3d_380.jsonl#/f-supp-3d/380/0055-01; Unicode character offsets [14828:14981] (end exclusive); SHA-256 bd566de524929bccb41114e984dc18db95334e9d31adbdfbae81193088ac38e9.But that misses the mark since the alleged "money laundering" consists merely of defendants' payments of their legal fees.Source: docroot/ir/caselaw/f_supp_3d_380.jsonl#/f-supp-3d/380/0055-01; Unicode character offsets [18505:18627] (end exclusive); SHA-256 bd566de524929bccb41114e984dc18db95334e9d31adbdfbae81193088ac38e9.Courts do not allow allegedly fraudulent " 'litigation activities,' such as filing fraudulent documents or engaging in baseless litigation to serve as predicate acts for RICO ... where such acts constitute 'the only allegedly fraudulent conduct.' "Source: docroot/ir/caselaw/f_supp_3d_380.jsonl#/f-supp-3d/380/0055-01; Unicode character offsets [13540:13788] (end exclusive); SHA-256 bd566de524929bccb41114e984dc18db95334e9d31adbdfbae81193088ac38e9.At bottom, the RICO claims are entirely predicated on defendants' initiation and prosecution of non-frivolous litigation, and plaintiff's alleged domestic injuries consist of the legal costs it incurred in resisting the enforcement of a valid and binding arbitral award.Source: docroot/ir/caselaw/f_supp_3d_380.jsonl#/f-supp-3d/380/0055-01; Unicode character offsets [13206:13476] (end exclusive); SHA-256 bd566de524929bccb41114e984dc18db95334e9d31adbdfbae81193088ac38e9. |
| United States v. Calabrese — 490 F.3d 575 (2007) · United States Court of Appeals for the Seventh Circuit · 2007 — not reached (18usc1962: author: Fable · historical QA: FIX (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed) | Racketeering activity (§ 1961(1) enumerated state and federal predicate offenses) | not_reached Excluded from merits counts background / merits claim: (d) | Unspecified route | No source quotation recorded for this block. |
| Chang v. Chen — 80 F.3d 1293 (1996) · United States Court of Appeals for the Ninth Circuit · 1996 — not reached (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed) | Racketeering activity (§ 1961(1) enumerated state and federal predicate offenses) | not_reached Excluded from merits counts applied / merits claim: (c),(d) District court also found two predicate acts not pleaded with particularity against two defendants; the panel expressly declined to resolve that. | Unspecified route | No source quotation recorded for this block. |
| Roe v. Howard — 917 F.3d 229 (2019) · United States Court of Appeals for the Fourth Circuit · 2019 — not reached (18usc1962: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Racketeering activity (§ 1961(1) enumerated state and federal predicate offenses) | not_reached Excluded from merits counts comparator / merits theory: RJR Nabisco step one: a statute reaches foreign conduct to the extent it incorporates extraterritorial predicates; subject: theory=RJR Nabisco step one: a statute reaches foreign conduct to the extent it incorporates extraterritorial predicates Added in triage: the comparison the court actually relies on. § 1962's incorporation of extraterritorial predicate offenses is the model for reading the TVPA civil remedy; nothing is decided about any RICO predicate. | _comparator | The Court reasoned that "Congress's incorporation of [such] extraterritorial predicates into RICO gives a clear, affirmative indication that § 1962 applies to foreign racketeering activity - but only to the extent that the predicates alleged in a particular case themselves apply extraterritorially."Source: docroot/ir/caselaw/f3d_917.jsonl#/f3d/917/0229-01; Unicode character offsets [28951:29251] (end exclusive); SHA-256 29f728b010834487a503bde7090678350764c57a6f39848f4c397089e1bf4214.In short, § 1595 evinces the same relationship to its extraterritorial predicate offenses that RICO's substantive criminal provision does to its predicates, and is not subject to textual limitations like those found in RICO's private cause of action.Source: docroot/ir/caselaw/f3d_917.jsonl#/f3d/917/0229-01; Unicode character offsets [35956:36206] (end exclusive); SHA-256 29f728b010834487a503bde7090678350764c57a6f39848f4c397089e1bf4214. |
| Reves v. Ernst — 507 U.S. 170 (1993) · Supreme Court of the United States · 1993 — not reached (18usc1962: author: Fable · not independently reviewed) | Racketeering activity (§ 1961(1) enumerated state and federal predicate offenses) | not_reached Excluded from merits counts applied / merits claim: (c) A jury found securities fraud on the non-RICO counts; the predicate question was not before the Court. | Unspecified route | No source quotation recorded for this block. |
| Cedric Kushner Promotions, Ltd. v. King — 533 U.S. 158 (2001) · Supreme Court of the United States · 2001 — not reached (18usc1962: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-v1-QA1.md) · changed after review; current content not independently reviewed) | Racketeering activity (§ 1961(1) enumerated state and federal predicate offenses) | not_reached Excluded from merits counts applied / merits claim: (c) | Unspecified route | No source quotation recorded for this block. |
| Boyle v. United States — 556 U.S. 938 (2009) · Supreme Court of the United States · 2009 — not reached (18usc1962: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-v1-QA1.md) · changed after review; current content not independently reviewed) | Racketeering activity (§ 1961(1) enumerated state and federal predicate offenses) | not_reached Excluded from merits counts rule-announced / merits claim: (c),(d) | Unspecified route | No source quotation recorded for this block. |
Court interpretations
not-required
Prior criminal conviction of the predicate acts (Sedima, S.P.R.L. v. Imrex Co., 473 U.S. 479 (1985))
No source quotation recorded.
not-required
Financial or economic motive for the predicate acts (NOW v. Scheidler, 510 U.S. 249 (1994))
No source quotation recorded.
not-required
UNMODELED_PREDICATE_CATALOGUE: the exhaustive § 1961(1) list also includes murder, kidnapping, gambling, arson, robbery, bribery, narcotics, immigration-document offenses, financial-institution fraud, false statements, money laundering, and additional obstruction, securities, bankruptcy, and state-law predicates not decomposed as child elements in this pilot.
No source quotation recorded.