NC General Statutes

N.C. Gen. Stat. § 75D-3 (2026)

Definitions

✓ current as of July 2026

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The following definitions apply in this Chapter:

(1) Attorney General. - The Attorney General of North Carolina or any employee of the Department of Justice designated by the Attorney General in writing. Any district attorney of this State, with the Attorney General's consent, may be designated in writing by the Attorney General to enforce the provisions of this Chapter.

(2) Beneficial interest. - Either of the following:

a. The interest of a person as a beneficiary under a trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of the person.

b. The interest of a person under any other form of express fiduciary arrangement pursuant to which another person holds legal or record title to real property for the benefit of the person.

The term 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 is deemed to be located where the real property owned by the trustee is located.

(3) Civil proceeding. - A civil proceeding commenced by the Attorney General or an injured person under any provision of this Chapter.

(4) Criminal proceeding. - A criminal action commenced by the State for a violation of any provision of those criminal laws set forth in subdivision (8) of this section.

(5) Documentary material. - A 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.

(6) Enterprise. - A person, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this State, or other legal entity; or an unchartered union, association, or group of individuals associated in fact although not a legal entity. The term includes illicit as well as licit enterprises and governmental as well as other entities.

(7) Pattern of racketeering activity. - 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 so long as at least one of these incidents occurred after October 1, 1986, and that at least one other of these 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.

(8) Racketeering activity. - To commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit an act that would be chargeable by indictment if the act was accompanied by the necessary mens rea or criminal intent under the following laws of this State:

a. Article 5 of Chapter 90 of the General Statutes relating to controlled substances and counterfeit controlled substances.

b. Chapter 14 of the General Statutes except Articles 9, 22A, 40, 46, 47, and 59 of that Chapter and G.S. 14-82, 14-145, 14-146, 14-147, 14-177, 14-178, 14-183, 14-184, 14-186, 14-190.9, 14-202, 14-247, 14-248, and 14-313.

The term also includes "racketeering activity," as defined in 18 U.S.C. § 1961(1), and any conduct involved in a money laundering activity, including activity covered by G.S. 14-118.8.

(9) Real property. - Any real property situated in this State or an interest in the real property, including, but not limited to, a lease of or mortgage upon the real property.

(10) RICO lien notice. - The notice described in G.S. 75D-13.

(11) Trustee. - Either of the following:

a. A person that holds legal or record title to real property in which another person has a beneficial interest.

b. A successor trustee to a person described in sub-subdivision a. of this subdivision.

The term does not include either (i) a person appointed or acting as a personal representative under Chapter 35A of the General Statutes relating to guardian and ward, or under Chapter 28A of the General Statutes relating to the administration of estates or (ii) a person appointed or acting as a trustee of a testamentary trust or as trustee of an indenture of trust under which any bonds are to be issued. (1985 (Reg. Sess., 1986), c. 999, s. 1; 1987, ch. 550, s. 22; 1989, c. 489, s. 1; 2024-22, s. 1(b); 2025-25, s. 35(a), (b).)

Notes of Decisions

Cited in 23 cases (4 in the last 5 years), 1988–2026 · leading case: Kaplan v. Prolife Action League of Greensboro, 475 S.E.2d 247 (N.C. Ct. App. 1996).

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Kaplan v. Prolife Action League of Greensboro, 475 S.E.2d 247 (N.C. Ct. App. 1996). · cites it 16× “See N.C.Gen.Stat. § 75D-3(h) (stating that "[r]eal property" includes "any interest in such real property," including leases and mortgages) (emphasis added).”

Fort Wayne Books, Inc. v. Indiana, 489 U.S. 46 (1989). · cites it 2× “1988-1989); N. C. Gen. Stat. § 75D-3(c)(2) (1987); N.”

Delk v. ArvinMeritor, Inc., 179 F. Supp. 2d 615 (W.D.N.C. 2002). · cites it 4× “N.C. Gen.Stat. § 75D-3(b). “Racketeering activity” is defined under the North Carolina statute as any conduct included in the definition under 18 U.”

Gilmore v. Gilmore, 748 S.E.2d 42 (N.C. Ct. App. 2013). · cites it 4× “N.C. Gen. Stat. § 75D-3(b). The scope of N.”

In Re Bostic Constr., Inc., 435 B.R. 46 (Bankr. M.D.N.C. 2010). · cites it 3× “§ 75D-3(b)-(c)), the NC RICO Act limits the definition of what constitutes a “pattern of racketeering activity” for purposes of a private action.”

State ex rel. Thornburg v. Lot & Bldgs. at 800 Waughtown St., Tax Block 741, Lot 101A, 421 S.E.2d 374 (N.C. Ct. App. 1992). · cites it 12× “N.C. Gen. Stat. § 75D-3(b). The trial court found and we agree that the defendant engaged in at least two incidents of racketeering activity that had the same or similar purposes and methods of commission; that these incidents were not isolated or unrelated; that they occurred…”

North Carolina v. Alexander & Alexander Servs., Inc., 680 F. Supp. 746 (E.D.N.C. 1988). · cites it 3× “Allegations that defendants engaged in an incident of racketeering activity after October 1, 1986, as required by N.C.G.S. § 75D-3(b), are insufficient. VI.”

State ex rel. Thornburg v. Currency in the amount of $52,029.00 in U.S. Currency, 378 S.E.2d 1 (N.C. 1989). · cites it 3× “N.C.G.S. § 75D-3(c)(1) (1987). Under the section entitled “Prohibited activities”: (a) No person shall: (1) engage in a pattern of racketeering activity or, through a pattern of racketeering activities or through proceeds derived therefrom, acquire or maintain, directly or…”

Jacobs v. Physicians Weight Loss Ctr., 620 S.E.2d 232 (N.C. Ct. App. 2005). · cites it 2× “N.C. Gen.Stat. § 75D-3(c) (2003). Plaintiff argues that the summary judgment evidence establishes that defendants, that [sic] throughout the class period, engaged in and/or participated in an enterprise that engaged in multiple acts of racketeering activity including: (1) sales…”

Jacobs v. Physicians Weight Loss Ctr. of Am., Inc., 173 N.C. App. 663 (N.C. Ct. App. 2005). · cites it 2× “N.C. Gen. Stat. § 75D-3(c) (2003). Plaintiff argues that the summary judgment evidence establishes that defendants, that [sic] throughout the class period, engaged in and/or participated in an enterprise that engaged in multiple acts of racketeering activity including: (1) sales…”

Ferguson v. Maita, 162 F. Supp. 2d 433 (W.D.N.C. 2000). · cites it 4× “, and state law claims for breach of contract, conversion, breach of duty, tor-tious interference with contracts, tortious interference with prospective contracts, unfair trade practices, civil conspiracy, defamation, and intentional infliction of emotional distress.”

Capps v. Blondeau, 2010 NCBC 8 (N.C. Bus. Ct. 2010). · cites it 4× “44 G.S. 75D-3(b)-(c). 45 G.S. 75D-3(c)(1)-(2).”

Show all 23 citing cases →

— N.C. Gen. Stat. § 75D-3(a) — 1 case

Southland Nat'l Ins. Corp. v. Lindberg (E.D.N.C. 2024).

— N.C. Gen. Stat. § 75D-3(b) — 13 cases

Delk v. ArvinMeritor, Inc., 179 F. Supp. 2d 615 (W.D.N.C. 2002). “N.C. Gen.Stat. § 75D-3(b). “Racketeering activity” is defined under the North Carolina statute as any conduct included in the definition under 18 U.”

In Re Bostic Constr., Inc., 435 B.R. 46 (Bankr. M.D.N.C. 2010). “§ 75D-3(b)-(c)), the NC RICO Act limits the definition of what constitutes a “pattern of racketeering activity” for purposes of a private action.”

Gilmore v. Gilmore, 748 S.E.2d 42 (N.C. Ct. App. 2013). “N.C. Gen. Stat. § 75D-3(b). The scope of N.”

North Carolina v. Alexander & Alexander Servs., Inc., 680 F. Supp. 746 (E.D.N.C. 1988). “Allegations that defendants engaged in an incident of racketeering activity after October 1, 1986, as required by N.C.G.S. § 75D-3(b), are insufficient. VI.”

State ex rel. Thornburg v. Lot & Bldgs. at 800 Waughtown St., Tax Block 741, Lot 101A, 421 S.E.2d 374 (N.C. Ct. App. 1992). “N.C. Gen. Stat. § 75D-3(b). The trial court found and we agree that the defendant engaged in at least two incidents of racketeering activity that had the same or similar purposes and methods of commission; that these incidents were not isolated or unrelated; that they occurred…”

— N.C. Gen. Stat. § 75D-3(c) — 2 cases

Jacobs v. Physicians Weight Loss Ctr., 620 S.E.2d 232 (N.C. Ct. App. 2005). “N.C. Gen.Stat. § 75D-3(c) (2003). Plaintiff argues that the summary judgment evidence establishes that defendants, that [sic] throughout the class period, engaged in and/or participated in an enterprise that engaged in multiple acts of racketeering activity including: (1) sales…”

Jacobs v. Physicians Weight Loss Ctr. of Am., Inc., 173 N.C. App. 663 (N.C. Ct. App. 2005). “N.C. Gen. Stat. § 75D-3(c) (2003). Plaintiff argues that the summary judgment evidence establishes that defendants, that [sic] throughout the class period, engaged in and/or participated in an enterprise that engaged in multiple acts of racketeering activity including: (1) sales…”

— N.C. Gen. Stat. § 75D-3(c)(1) — 7 cases

State ex rel. Thornburg v. Currency in the amount of $52,029.00 in U.S. Currency, 378 S.E.2d 1 (N.C. 1989). “N.C.G.S. § 75D-3(c)(1) (1987). Under the section entitled “Prohibited activities”: (a) No person shall: (1) engage in a pattern of racketeering activity or, through a pattern of racketeering activities or through proceeds derived therefrom, acquire or maintain, directly or…”

Capps v. Blondeau, 2010 NCBC 8 (N.C. Bus. Ct. 2010). “44 G.S. 75D-3(b)-(c). 45 G.S. 75D-3(c)(1)-(2).”

Se. Anesthesiology Consultants, Pllc v. Rose, 2019 NCBC 62 (N.C. Bus. Ct. 2019).

Avadim Health, Inc. v. Daybreak Cap. Partners, LLC, 2021 NCBC 73 (N.C. Bus. Ct. 2021).

Hart v. First Oak Wealth Mgmt., LLC, 2022 NCBC 41 (N.C. Bus. Ct. 2022).

— N.C. Gen. Stat. § 75D-3(c)(2) — 5 cases

Fort Wayne Books, Inc. v. Indiana, 489 U.S. 46 (1989). “1988-1989); N. C. Gen. Stat. § 75D-3(c)(2) (1987); N.”

Avadim Health, Inc. v. Daybreak Cap. Partners, LLC, 2021 NCBC 73 (N.C. Bus. Ct. 2021).

Hart v. First Oak Wealth Mgmt., LLC, 2022 NCBC 41 (N.C. Bus. Ct. 2022).

Hart v. Dwm Advisors, LLC, 2026 NCBC 28 (N.C. Bus. Ct. 2026).

— N.C. Gen. Stat. § 75D-3(c)(l) — 2 cases

Gilmore v. Gilmore, 748 S.E.2d 42 (N.C. Ct. App. 2013). “N.C. Gen. Stat. § 75D-3(b). The scope of N.”

— N.C. Gen. Stat. § 75D-3(h) — 1 case

Kaplan v. Prolife Action League of Greensboro, 475 S.E.2d 247 (N.C. Ct. App. 1996). “See N.C.Gen.Stat. § 75D-3(h) (stating that "[r]eal property" includes "any interest in such real property," including leases and mortgages) (emphasis added).”

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