Racketeering conspiracy conviction affirmed

STATUTORY CONSTRUCTION United States v. Smith, No. 03-4240, ___ F.3d ___ (10th Cir. Jul. 6, 2005)(Utah). Appeal of convictions for racketeering, murder in aid of racketeering, and use of firearm during commission of crime of violence in violation of 18 U.S.C. § 1962(d), § 1959(a), and § 924(c). HELD: (1) To establish “enterprise” element of RICO conspiracy in violation of 18 U.S.C. § 1962(d), government must prove: (a) existence of ongoing organization with decision-making framework or mechanism for controlling group; (b) various associates function as continuing unit; and (c) enterprise exists separate and apart from pattern of racketeering activity. (2) Where defendant personally knew and worked in conjunction with other coconspirator-members of criminal organization to further reputation and power of organization through criminal conduct, resulting relationship between defendant and other coconspirators constituted interdependence necessary to show existence of single conspiracy. Read the opinion here.