18 U.S.C. § 1962
Section 1962 · Prohibited activities
This is § 901 of the Racketeer Influenced and Corrupt Organizations Act
Amended 2 times on record
The circuits are split over this section — Whether RICO's interstate-commerce element requires proof that an enterprise engaged only in noneconomic criminal activity substantially affected interstate commerce, or whether the ordinary RICO commerce requirements suffice; Whether RICO's interstate-commerce nexus requirement is heightened (requiring a substantial effect on interstate commerce) when the criminal enterprise engages only in noneconomic activity, or whether the statute's ordinary de minimis effect requirement still applies
Applied in 7,789 court decisions — leading case Sedima Sprl v. Imrex Company Inc (1985)
Most recently applied in 2026 IL App (1st) 250698 - Dale v. Shelton (February 2026)
Applied most in the Second Circuit Circuit (541 decisions)
Cases citing this section usually also cite 18 U.S.C. § 1961 · 18 U.S.C. § 1964 · 18 U.S.C. § 1341
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this subsection if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern or racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class, and do not confer, either in law or in fact, the power to elect one or more directors of the issuer.
(b) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.
(c) It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity or collection of unlawful debt.
(d) It shall be unlawful for any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of this section.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1988—Subsec. (d). Pub. L. 100–690 substituted “subsection” for “subsections”.