Fill and Sign the Jury Instruction Rico Supplemental Instruction on Forfeiture Issues After Guilty Verdict Form

338 61.3 RICO - Supplemental Instruction On Forfeiture Issues (After Verdict Of Guilty) 18 USC § 1963(a) Members of the Jury: As you know, Count of the indictment charged the Defendants with having violated Title 18, United States Code, Section 1962(c) by participating through a pattern of racketeering activity in the conduct of the affairs of an enterprise, the activities of which affected interstate commerce. Since you have determined by your verdicts that those Defendants did violate Section 1962(c) as charged in Count, you must now decide whether those particular Defendants must forfeit certain [money or proceeds] [property] alleged in Count as being subject t o forfeiture under Sect ion 1963(a) of Title 18, United States Code. That part of the law provides that anyone who violates Section 1962(c) may be required, as a part of the penalty, to forfeit to the United States [any interest acquired or maintained in violation of Section 1962] [any property or property right of any kind affording a source of influence over the "enterprise"] [any property constituting, or derived from, any proceeds which the person obtained, directly or indirectly from racketeering activity in violation of Section 1962]. The term "forfeiture" means to be divested or deprived of the ownership of something as a penalty for the commission of a crime. A part of the indictment (not previously furnished to you) describes in particular the [money or proceeds] [property] allegedly subject to forfeiture to the United States, and you will have a copy of that additional portion of the indictment with you in the jury room for study during your supplemental deliberations. With regard to each of those claims of forfeiture, you are instructed that, to be entitled to such forfeiture, the Government must have proved beyond a reasonable doubt: First: That the [sum of money or proceeds] [property] sought to be forfeited constituted an interest acquired by the Defendant, as charged; Second: That such interest [was acquired by the Defendant as a result of the conduct of the enterprise's affairs through the pattern of racketeering activity] [constituted or was derived from proceeds which the Defendant obtained, directly or indirectly, from racketeering activity] committed by the Defendants as charged in Count in violation of Title 18, United States Code, § 1962(c). In your consideration of the forfeiture claims you are instructed that your previous determination that the Defendants now under consideration are guilty of having committed the offense alleged in Count is final and conclusive, and you must not seek to discuss or determine anew the guilt or innocence of those Defendants. You are further instructed that all of the instructions previously given to you concerning your consideration of the evidence, the credibility or believability of the witnesses, the Government's burden of proof beyond a reasonable doubt, your duty to give separate and individual consideration to the case of each Defendant, your duty to deliberate together, and the necessity of a unanimous verdict, will all continue to apply during your supplemental deliberations concerning the forfeiture claims. The specific instruct ions I gave you earlier concerning Count and the definitions of the terms "enterprise" and "pattern of racketeering activity" also continue to apply. With respect to these several claims of forfeiture, you will be provided a series of Special Verdict forms for your convenience and use. You will note that there is a separate, special verdict form as to each separate item sought to be forfeited. [Explain Special Verdict Forms] You will take these verdict forms to t he jury room and w hen you have reached unanimous agreement as to each claim of forfeiture you will have your foreperson fill in, date and sign them and then return to the Courtroom. ANNOTATIONS AND COMMENTS 18 USC § 19 63 (a) provides: Whoever violates any provision of section 1962 of this chapter shall forfeit to the United States (1) any interest the person has acquired or maintained in violation of section 1962; (2) any interest in; security of; claim against; or property or contractual right of any kind affording a source of influence over any enterprise which t he person has established, operated, controlled, conducted, or participated in the conduct of, in violation of section 1962; and (3) any property constituting, or derived from, any proceeds which the person obtained, directly or indirectly, from racketeering activity in violation of section 1962. Rule 31(e), F. R. Cr. P., provides that if the indictment alleges that an interest or property is subject t o criminal forfeiture, a special verdict shall be returned as to the extent of the interest or property subject to forfeiture, if any. The usual practice is to sever the forfeiture issues and submit them to the jury by special verdict only if (and after) the jury convicts the Defendant(s) of violating Section 1962. See United States v. L' Hoste, 609 F.2d 796, 813-14 (5th Cir. 1980); United States v. Marion, 6 81 F.2d 9 52 (5t h Cir. 1 98 2) (en banc). Reasonable doubt, rather than preponderance of the evidence, remains the standard for criminal forfeiture under section 1963. See United States v. Kramer, 73 F.3d 10 67, 1 07 6 n.2 2 (1 1t h Cir. 1 99 4).