Use or investment of racketeering income in an enterprise (§ 1962(a))

AND · 18usc1962:investment

Under § 1962(a), the defendant must have received income from a pattern of racketeering (or unlawful debt collection in which the person participated as a principal under 18 U.S.C. § 2) and used or invested that income in an enterprise; civil § 1962(a) requires "investment injury" distinct from harm caused by the predicate acts themselves.

Exact element source

to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of,
Source: docroot/ir/usc/title18.jsonl#title18_sec1962; Unicode character offsets [328:499] (end exclusive); SHA-256 6caae47f43b5ab0899b660616e298363bd36f9f540d915c2be11eb7126f5e27d.

All variants

Recorded DB variant labels, including zero-count variants
VariantDescriptionMerits instance blocksDistinct casesExample cases (up to 3 per group)
investment-injury/no-allegation-of-any-investment1
Satisfied 0; not satisfied 1; excluded context 0
1/f-supp-2d/118/0392-01 — United States District Court for the Southern District of New York · 2000 — not
Unspecified variantNo variant assigned in the database.0
Satisfied 0; not satisfied 0; excluded context 1
0No counted merits examples

Excluded context examples: /us/510/0249-01 — Supreme Court of the United States · 1994 — rule-announced/merits

How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f-supp-2d/118/0392-01 — United States District Court for the Southern District of New York · 2000Use or investment of racketeering income in an enterprise (§ 1962(a))not
Counted merits instance
applied / merits

basis: pleaded; claim: (a),(c),(d); count: § 1962(a) claim; subject: count=§ 1962(a) claim

investment-injury/no-allegation-of-any-investment
Plaintiffs admit, at Section 8(b) of their Amended Civil RICO Statement, that they have no idea whether any alleged income was ever invested by any defendant at all, let alone that it was invested in the alleged enterprise and that they were injured as a result of that investment.
Source: docroot/ir/caselaw/f_supp_2d_118.jsonl#/f-supp-2d/118/0392-01; Unicode character offsets [17367:17648] (end exclusive); SHA-256 7a6992301d8f07cdcfefb2ba1333ee88e7724e88e90a83145c93f1937232b139.

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

In the instant case, neither Plaintiffs’ Amended Complaint nor their Civil RICO Statement sets forth a single allegation relating to any investment whatsoever made by any Defendant, in the alleged enterprise or anywhere else, much less that the Plaintiffs were damaged or injured as a result of such investment.
Source: docroot/ir/caselaw/f_supp_2d_118.jsonl#/f-supp-2d/118/0392-01; Unicode character offsets [20368:20679] (end exclusive); SHA-256 7a6992301d8f07cdcfefb2ba1333ee88e7724e88e90a83145c93f1937232b139.

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

Because injury by reason of investment of racketeering income in an enterprise is the very foundation of a § 1962(a) claim, Plaintiffs’ allegations are insufficient as a matter of law.
Source: docroot/ir/caselaw/f_supp_2d_118.jsonl#/f-supp-2d/118/0392-01; Unicode character offsets [18192:18376] (end exclusive); SHA-256 7a6992301d8f07cdcfefb2ba1333ee88e7724e88e90a83145c93f1937232b139.

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

This sweepingly general allegation that the defendants either “retained” or “disposed of’ any income they received plainly fails to allege the required: (I) investment, (2) of any income, (3) in an enterprise.
Source: docroot/ir/caselaw/f_supp_2d_118.jsonl#/f-supp-2d/118/0392-01; Unicode character offsets [21176:21385] (end exclusive); SHA-256 7a6992301d8f07cdcfefb2ba1333ee88e7724e88e90a83145c93f1937232b139.

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

/us/510/0249-01 — Supreme Court of the United States · 1994Use or investment of racketeering income in an enterprise (§ 1962(a))not_reached
Excluded from merits counts
rule-announced / merits

claim: (c),(d)

(a) claim dismissed below (donations were not income derived from the alleged racketeering); certiorari covered only (c) and (d).
Unspecified variantNo source quotation recorded for this block.

Court interpretations

interpretation

Because injury by reason of investment of racketeering income in an enterprise is the very foundation of a § 1962(a) claim, Plaintiffs’ allegations are insufficient as a matter of law.

/f-supp-2d/118/0392-01 — United States District Court for the Southern District of New York · 2000

Because injury by reason of investment of racketeering income in an enterprise is the very foundation of a § 1962(a) claim, Plaintiffs’ allegations are insufficient as a matter of law.
Source: docroot/ir/caselaw/f_supp_2d_118.jsonl#/f-supp-2d/118/0392-01; Unicode character offsets [18192:18376] (end exclusive); SHA-256 7a6992301d8f07cdcfefb2ba1333ee88e7724e88e90a83145c93f1937232b139.

Under § 1962(a), the defendant must have received income from a pattern of racketeering (or unlawful debt collection in which the person participated as a principal under 18 U.S.C. § 2) and used or invested that income in an enterprise; civil § 1962(a) requires "investment injury" distinct from harm caused by the predicate acts themselves.