North Carolina General Statutes 75D-3. Definitions
As used in this Chapter, the term:
(a) “Enterprise” means any person, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this State, or other legal entity; or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental as well as other entities.
Terms Used In North Carolina General Statutes 75D-3
- Attorney General: means the Attorney General of North Carolina or any employee of the Department of Justice designated by him in writing. See North Carolina General Statutes 75D-3
- Beneficial interest: means either of the following:
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Civil proceeding: means any civil proceeding commenced by the Attorney General or an injured person under any provision of this Chapter. See North Carolina General Statutes 75D-3
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiduciary: A trustee, executor, or administrator.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Indictment: 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.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Racketeering activity: means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit an act or acts which would be chargeable by indictment if such act or acts were accompanied by the necessary mens rea or criminal intent under the following laws of this State:
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: means any real property situated in this State or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property. See North Carolina General Statutes 75D-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Trustee: A person or institution holding and administering property in trust.
- Trustee: means either of the following:
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(b) “Pattern of racketeering activity” means engaging in at least two incidents of racketeering activity that have the same or similar purposes, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated and unrelated incidents, provided at least one of such incidents occurred after October 1, 1986, and that at least one other of such incidents occurred within a four-year period of time of the other, excluding any periods of imprisonment, after the commission of a prior incident of racketeering activity.
(c) (1) “Racketeering activity” means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit an act or acts which would be chargeable by indictment if such act or acts were accompanied by the necessary mens rea or criminal intent under the following laws of this State:
a. Article 5 of Chapter 90 of the N.C. Gen. Stat. of North Carolina relating to controlled substances and counterfeit controlled substances;
b. Chapter 14 of the N.C. Gen. Stat. of North Carolina except Articles 9, 22A, 38, 40, 43, 46, 47, 59 thereof; and further excepting G.S. Sections 14-78.1, 14-82, 14-86, 14-145, 14-146, 14-147, 14-177, 14-178, 14-179, 14-183, 14-184, 14-186, 14-190.9, 14-195, 14-197, 14-201, 14-202, 14-247, 14-248, 14-313 thereof.
c. Any conduct involved in a “money laundering” activity; and
(2) “Racketeering activity” also includes the description in Title 18, United States Code, Section 1961(1).
(d) “Documentary material” means any book, paper, document, writing, drawing, graph, chart, photograph, phonocord, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into useable form, or other tangible item.
(e) “RICO lien notice” means the notice described in N.C. Gen. Stat. § 75D-13
(f) “Attorney General” means the Attorney General of North Carolina or any employee of the Department of Justice designated by him in writing. Any district attorney of this State, with his consent, may be designated in writing by the Attorney General to enforce the provisions of this Chapter.
(g) (1) “Beneficial interest” means either of the following:
a. The interest of a person as a beneficiary under any other trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or
b. The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person.
(2) “Beneficial interest” does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or limited partnership. A beneficial interest shall be deemed to be located where the real property owned by the trustee is located.
(h) “Real property” means any real property situated in this State or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property.
(i) (1) “Trustee” means either of the following:
a. Any person who holds legal or record title to real property for which any other person has a beneficial interest; or
b. Any successor trustee or trustees to any of the foregoing persons.
(2) “Trustee” does not include the following:
a. Any person appointed or acting as a personal representative under Chapter 35A of the N.C. Gen. Stat. relating to guardian and ward, or under Chapter 28A of the N.C. Gen. Stat. relating to the administration of estates; or
b. Any person appointed or acting as a trustee of any testamentary trust or as trustee of any indenture of trust under which any bonds are to be issued.
(j) “Criminal proceeding” means any criminal action commenced by the State for a violation of any provision of those criminal laws referred to in N.C. Gen. Stat. § 75D-3(c).
(k) “Civil proceeding” means any civil proceeding commenced by the Attorney General or an injured person under any provision of this Chapter. (1985 (Reg. Sess., 1986), c. 999, s. 1; 1987, ch. 550, s. 22; 1989, c. 489, s. 1.)