(a) It is unlawful for any person, who intentionally participates in the operation or management of an enterprise, directly or indirectly, to:
(1) knowingly do so, directly or indirectly, through
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a pattern of predicate activity;
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(2) knowingly cause another to violate this Article;
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(3) knowingly conspire to violate this Article.
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Terms Used In Illinois Compiled Statutes 720 ILCS 5/33G-4- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Enterprise: includes :
(1) any partnership, corporation, association,
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| | business or charitable trust, or other legal entity; and |
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(2) any group of individuals or other legal entities, |
| | or any combination thereof, associated in fact although not itself a legal entity. See Illinois Compiled Statutes 720 ILCS 5/33G-3Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.Labor organization: includes any organization, labor union, craft union, or any voluntary unincorporated association designed to further the cause of the rights of union labor that is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships. See Illinois Compiled Statutes 720 ILCS 5/33G-3Operation or management: means directing or carrying out the enterprise's affairs and is limited to any person who knowingly serves as a leader, organizer, operator, manager, director, supervisor, financier, advisor, recruiter, supplier, or enforcer of an enterprise in violation of this Article. See Illinois Compiled Statutes 720 ILCS 5/33G-3Pattern of predicate activity: means :
(1) at least 3 occurrences of predicate activity that | | | are in some way related to each other and that have continuity between them, and that are separate acts. See Illinois Compiled Statutes 720 ILCS 5/33G-3Personal property: All property that is not real property.Predicate activity: means any act that is a Class 2 felony or higher and constitutes a violation or violations of any of the following provisions of the laws of the State of Illinois (as amended or revised as of the date the activity occurred or, in the instance of a continuing offense, the date that charges under this Article are filed in a particular matter in the State of Illinois) or any act under the law of another jurisdiction for an offense that could be charged as a Class 2 felony or higher in this State:
(1) under the Criminal Code of 1961 or the Criminal | | | Code of 2012: 8-1. See Illinois Compiled Statutes 720 ILCS 5/33G-3Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
Notwithstanding any other provision of law, in any prosecution for a conspiracy to violate this Article, no person may be convicted of that conspiracy unless an overt act in furtherance of the agreement is alleged and proved to have been committed by him, her, or by a coconspirator, but the commission of the overt act need not itself constitute predicate activity underlying the specific violation of this Article.
(b) It is unlawful for any person knowingly to acquire or maintain, directly or indirectly, through a pattern of predicate activity any interest in, or control of, to any degree, any enterprise, real property, or personal property of any character, including money.
(c) Nothing in this Article shall be construed as to make unlawful any activity which is arguably protected or prohibited by the National Labor Relations Act, the Illinois Educational Labor Relations Act, the Illinois Public Labor Relations Act, or the Railway Labor Act.
(d) The following organizations, and any officer or agent of those organizations acting in his or her official capacity as an officer or agent, may not be sued in civil actions under this Article:
(1) a labor organization; or
(2) any business defined in Division D, E, F, G, H,
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or I of the Standard Industrial Classification as established by the Occupational Safety and Health Administration, U.S. Department of Labor.
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(e) Any person prosecuted under this Article may be convicted and sentenced either:
(1) for the offense of conspiring to violate this
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Article, and for any other particular offense or offenses that may be one of the objects of a conspiracy to violate this Article; or
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(2) for the offense of violating this Article, and
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for any other particular offense or offenses that may constitute predicate activity underlying a violation of this Article.
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(f) The State‘s Attorney, or a person designated by law to act for him or her and to perform his or her duties during his or her absence or disability, may authorize a criminal prosecution under this Article. Prior to any State’s Attorney authorizing a criminal prosecution under this Article, the State’s Attorney shall adopt rules and procedures governing the investigation and prosecution of any offense enumerated in this Article. These rules and procedures shall set forth guidelines which require that any potential prosecution under this Article be subject to an internal approval process in which it is determined, in a written prosecution memorandum prepared by the State’s Attorney’s Office, that (1) a prosecution under this Article is necessary to ensure that the indictment adequately reflects the nature and extent of the criminal conduct involved in a way that prosecution only on the underlying predicate activity would not, and (2) a prosecution under this Article would provide the basis for an appropriate sentence under all the circumstances of the case in a way that a prosecution only on the underlying predicate activity would not. No State’s Attorney, or person designated by law to act for him or her and to perform his or her duties during his or her absence or disability, may authorize a criminal prosecution under this Article prior to reviewing the prepared written prosecution memorandum. However, any internal memorandum shall remain protected from disclosure under the attorney-client privilege, and this provision does not create any enforceable right on behalf of any defendant or party, nor does it subject the exercise of prosecutorial discretion to judicial review.
(g) A labor organization and any officer or agent of that organization acting in his or her capacity as an officer or agent of the labor organization are exempt from prosecution under this Article.
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