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.
If you were charged with engaging in a pattern of unlawful activity or "racketeering" under Utah Code Ann. § 76–10–1603 then contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP.
The attorneys at Brown, Bradshaw & Moffat, LLP 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 today.
Overview of Pattern of Unlawful Activity in Utah
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Section 76–10–1603 is included within the Utah Pattern of Unlawful Activity Act (UPUA), codified at Utah Code Ann. §§ 76–10–1601 to –1609, and provides, in relevant part:
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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).
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Any person who has been convicted of a second-degree felony for engaging in a pattern of unlawful activity under Utah State Court of 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:
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