Pattern of Unlawful Activity

In Utah, the crime of engaging in a pattern of unlawful activity is commonly known as racketeering under Utah Code Ann. § 76–10–1603. The crime is often classified as a white collar crime. For example, Section 1962(a) prohibits a person who has received income derived from a pattern of racketeering activity from using the income in the operation of an enterprise.

A violation under Section 76-10-1962(a) occurs not when the defendant engages in the predicate acts, but only when he uses or invests the proceeds of that activity in an enterprise.

Utah's law against a pattern of unlawful activity was primarily directed at halting the investment of racketeering proceeds into legitimate businesses, including the practice of money laundering.

Attorneys for Racketeering in Salt Lake City, UT

If you were charged with engaging in a pattern of unlawful activity or racketeering in Utah, contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP.

Our expert attorneys represent clients accused of receiving income derived from a pattern of racketeering activity from using the income in the operation of an enterprise or from laundering money.

Call (801) 532-5297 to discuss your case today.

Overview of Pattern of Unlawful Activity in Utah

• Utah Pattern of Unlawful Activity Act (UPUA)
• What constitutes an "Enterprise" under UPUA?
• Requirements for the White Collar Crime Offenders Registry

Utah Pattern of Unlawful Activity Act (UPUA)

Section 76–10–1603 is included within the Utah Pattern of Unlawful Activity Act (UPUA), and provides, in relevant part:

1. It is unlawful for any person who has received any proceeds derived, whether directly or indirectly, from a pattern of unlawful activity in which the person has participated as a principal, to use or invest, directly or indirectly, any part of that income, or the proceeds of the income, or the proceeds derived from the investment or use of those proceeds, in the acquisition of any interest in, or the establishment or operation of, any enterprise.
2. It is unlawful for any person through a pattern of unlawful activity to acquire or maintain, directly or indirectly, any interest in or control of any enterprise.
3. It is unlawful for any person employed by or associated with any enterprise to conduct or participate, whether directly or indirectly, in the conduct of that enterprise's affairs through a pattern of unlawful activity.
4. It is unlawful for any person to conspire to violate any provision of 1, 2, or 3.

What constitutes an "Enterprise" under UPUA?

UPUA statutorily defines an "enterprise" as "any individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities." Utah Code Ann. § 76–10–1602(1).

Requirements for the White Collar Crime Offenders Registry

Any person who has been convicted of a second-degree felony for engaging in a pattern of unlawful activity under Utah Code § 76-10-1603 must register on the White Collar Crime Offenders Registry.

This registry requirement is triggered if at least one of the underlying unlawful activities for the conviction for engaging in a pattern of unlawful activity included:

• securities fraud;
• theft by deception;
• unlawful dealing of property by fiduciary;
• insurance fraud;
• mortgage fraud;
• communications fraud; or
• money laundering.