First, the defendant(s) received any proceeds derived, directly or indirectly;

Second, from (a pattern of racketeering activity)/(the collection of an unlawful debt);

Third, in which the defendant(s) participated as a principal;

Fourth, used or invested, directly or indirectly, part or all of the proceeds derived from the use or investment of any of those proceeds to acquire any right, title, or interest in real property or in the establishment or operation of any enterprise;

[Fifth, if the investment or use involved a purchase of securities on the open market, in addition to the elements listed above, the State must prove beyond a reasonable doubt (a) the defendant intended to control or participate in the control of the issuer or intended to assist another to do so; and (b) all of the defendant's securities held by the defendant, his/her immediate family and their accomplices amount to one percent (1%) or more of the outstanding stock of any one class of the issuer and confer the power to elect one or more directors of the issuer.]

Notes on Use

The fifth element is not required unless there is evidence that the investment was in securities on the open market.

Committee Comments

Although 22 O.S. Supp. 1995, § 1402(9) provides a definition of "principal," the definition of principal provided in OUJI-CR 2-5 and 2-6 may be more helpful to the jurors in weighing the third element.