Does an RICO indictment that fails to allege that a forged document is a crime?

MultiRegion, United States of America

The following excerpt is from U.S. v. Foley, 73 F.3d 484 (2nd Cir. 1996):

In assessing whether the indictment charges an offense under the statutory provision alleged, we note that "[i]t is generally sufficient that an indictment set forth the offense in the words of the statute itself, as long as 'those words of themselves fully, directly, and expressly, without any uncertainty or ambiguity, set forth all the elements necessary to constitute the offence intended to be punished.' " Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 2907, 41 L.Ed.2d 590 (1974) (quoting United States v. Carll, 105 U.S. 611, 612, 26 L.Ed. 1135 (1881)). When, however, one element of the offense is implicit in the statute, rather than explicit, and the indictment tracks the language of the statute and fails to allege the implicit element explicitly, the indictment fails to allege an offense. See id. at 613 (indictment that failed to allege that the defendant knew an uttered document was forged failed to charge a crime although statute did not make the knowledge element explicit); United States v. Ivic, 700 F.2d at 58-59, 64-65 (where indictment tracked the language of RICO statute but did not allege economic motivation, which was an essential characteristic of the crime, the indictment failed to charge an offense).

Other Questions


Can reference to a statute cure a defect in the indictment where it fails to allege the elements of the crime? (MultiRegion, United States of America)
When an indictment alleges that a defendant aided and abetted the commission of a crime, what is the meaning of the term "aid/abetted"? (MultiRegion, United States of America)
What is the legal test for an allegation that the indictment is insufficient to allege exceptions to criminal liability created by section 474 of the Interference with Defense Investigation Act? (MultiRegion, United States of America)
Does section 1962(b) require an allegation of racketeering to allege an enterprise separate from the alleged persons? (MultiRegion, United States of America)
Is there a constructive amendment to an indictment under section 922(g) of the Criminal Code when evidence that the firearm travelled in and affecting commerce supports a crime other than that charged in the indictment? (MultiRegion, United States of America)
Is a conspiracy to commit a crime a different crime from a crime that is the object of the conspiracy? (MultiRegion, United States of America)
Is the crime of uttering a forged writing a single act crime? (MultiRegion, United States of America)
Does an alleged author of a work that was allegedly written by another alleged author have to prove his claim to ownership of the work "from the moment it was created"? (MultiRegion, United States of America)
Does a difference between allegations in the indictment and proof at trial constitute a constructive amendment of the indictment? (MultiRegion, United States of America)
Is the date of an alleged crime not an element of the crime? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.