26.2. RICO - Use Or Investment Of Proceeds From Pattern Of Racketeering Activity
This is a Florida Jury Instructions form that can be used for 26 Racketing within Criminal.
Last updated: 2/28/2006
26.2 RICO Use Or Investment Of Proceeds From Pattern Of Racketeering Activity 895.03(1), Fla. Stat. To prove the crime of Unlawful Use or Investment of Proceeds from a Pattern of Racketeering Activity, the State must prove the following four elements beyond a reasonable doubt: 1. At least two of the following incidents occurred. [Read incidents alleged in information] . Modify 1 and 2 if only two incidents alleged 2. Of those incidents which did occur, at least two of them had the same or similar [intents] [results] [accomplices] [victims] ethods of [methods of or were interrelated by distinguishing characteristics and were not isolated incidents. 3. [Name of defendant] with criminal intent received proceeds which were derived directly or indirectly from such incidents. 4. [Name of defendant] [used] [invested] or some of these proceeds [ either directly or indirectlyn acquiring some right, title, equity or interest in real property] [in establishing or operating an enterprise]. NOTE TO JUDGE: Define the crimes alleged as incidents. Instruct as to the five- year limitation period if appropriate. See 895.02(4), Fla. Stat. Give in every case: "Receiving proceeds with criminal intent" means that the defendant, at the time the defendant received the proceeds, either knew the source of the proceeds or the defendants suspicions were aroused but the defendant deliberately failed to make further inquiry as to the source of the proceeds. Give as applicable 895.02(9), Fla. Stat. "Real property" means land and whatever is erected on it. It includes but is not limited to any lease or mortgage or other interest in that property. Give as applicable: An "enterprise" is an ongoing organization, formal or informal, that functions both as a continuing unit and has a common purpose of engaging in a course of conduct.