OUJI-CR 3-28

RACKETEERING - ELEMENTS (CONDUCTING OR PARTICIPATING)

The defendant(s) may not be convicted of conducting or participating in the affairs of an enterprise through (a pattern of racketeering activity)/(the collection of an unlawful debt) unless the State has proved beyond a reasonable doubt each and every element of the crime.

These elements are:

First, the defendant(s) was/were (employed by)/(associated with) an enterprise;

Second, conducted/(participated in), either indirectly or directly, the affairs of the enterprise; and

Third, through (a pattern of racketeering activity)/(the collection of an unlawful debt).

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Statutory Authority: 22 O.S. 1991, § 1403.

Notes on Use

For instructions on attempt and conspiracy, see Chapter 2. Various definitions of the terms used in this instruction are provided in the following instructions.

Committee Comments

See Yellow Bus Lines, Inc. v. Local Union 639, 913 F.2d 948 (D.C. Cir. 1990). The Court of Appeals held that participation in the conduct of an enterprise's affairs means to guide, manage, direct or otherwise exercise control over the course of the enterprise's activities. However, the language of 18 U.S.C. § 1962(c) is narrower than that of 22 O.S. 1991, § 1403(A) in that it requires "to control or participate ... in the conduct," whereas 22 O.S. 1991, § 1403(A) requires either the conduct of the affairs of the enterprise or participation in the affairs of the enterprise.