166.720
Racketeering activity unlawful; penalties. (1) It is unlawful for any person who has knowingly
received any proceeds derived, directly or indirectly, from a pattern of
racketeering activity or through the collection of an unlawful debt to use or
invest, whether directly or indirectly, any part of such proceeds, or the
proceeds derived from the investment or use thereof, in the acquisition of any
title to, or any right, interest or equity in, real property or in the
establishment or operation of any enterprise.
(2) It is
unlawful for any person, through a pattern of racketeering activity or through
the collection of an unlawful debt, to acquire or maintain, directly or
indirectly, any interest in or control of any real property or enterprise.
(3) It is
unlawful for any person employed by, or associated with, any enterprise to
conduct or participate, directly or indirectly, in such enterprise through a
pattern of racketeering activity or the collection of an unlawful debt.
(4) It is
unlawful for any person to conspire or endeavor to violate any of the
provisions of subsections (1), (2) or (3) of this section.
(5)(a) Any person
convicted of engaging in activity in violation of the provisions of subsections
(1) to (4) of this section is guilty of a Class A felony.
(b) In lieu of a
fine otherwise authorized by law, any person convicted of engaging in conduct
in violation of the provisions of subsections (1) to (4) of this section,
through which the person derived a pecuniary value, or by which the person
caused personal injury or property damage or other loss, may be sentenced to
pay a fine that does not exceed three times the gross value gained or three
times the gross loss caused, whichever is greater, plus court costs and the
costs of investigation and prosecution, reasonably incurred.
(c) The court
shall hold a hearing to determine the amount of the fine authorized by
paragraph (b) of this subsection.
(d) For the
purposes of paragraph (b) of this subsection, “pecuniary value” means:
(A) Anything of
value in the form of money, a negotiable instrument, a commercial interest or
anything else the primary significance of which is economic advantage; or
(B) Any other
property or service that has a value in excess of $100.
(6) An allegation
of a pattern of racketeering activity is sufficient if it contains
substantially the following:
(a) A statement
of the acts constituting each incident of racketeering activity in ordinary and
concise language, and in a manner that enables a person of common understanding
to know what is intended;
(b) A statement
of the relation to each incident of racketeering activity that the conduct was
committed on or about a designated date, or during a designated period of time;
(c) A statement,
in the language of ORS 166.715 (4) or other ordinary and concise language,
designating which distinguishing characteristic or characteristics interrelate
the incidents of racketeering activity; and
(d) A statement
that the incidents alleged were not isolated. [1981 c.769 §§3,4; 1997 c.789 §2]
Notes of Decisions
Cited in
78
cases (
2 in the last 5 years), 1985–2026 · leading case:
State v. Stout, 415 P.3d 567 (Or. 2018).
State v. Stout, 415 P.3d 567 (Or. 2018).
· cites it 57× “It is, thus, unsurprising that, when the legislature drafted subsection (6) to address the pleading requirements for ORICO generally, it did so using verb tenses that are appropriate for completed incidents of racketeering activity.”
State v. Stout, 382 P.3d 591 (Or. Ct. App. 2016).
· cites it 69× “720(6) describes specific pleading requirements for certain ORICO allegations: “An allegation of a pattern of racketeering activity is sufficient if it contains substantially the following: “(a) A statement of the acts constituting each incident of racketeering activity in…”
Oregon Educ. Ass'n v. Parks, 291 P.3d 789 (Or. Ct. App. 2012).
· cites it 22× “ORS 166.720. Plaintiffs, who are public employee unions, brought this ORICO action against defendants, alleging a pattern of racketeering activity and seeking damages caused by defendants’ racketeering activities in connection with placing certain measures on the statewide…”
State v. Walker, 333 P.3d 316 (Or. 2014).
· cites it 6× “Defendant was charged in Clatsop County with one count of racketeering, ORS 166.720(3), and one count of theft in the first degree, ORS 164.”
Kotera v. Daioh Int'l U.S.A. Corp., 40 P.3d 506 (Or. Ct. App. 2002).
· cites it 11× “Plaintiff alleged claims under each of the four subsections of ORS 166.720. 19 However, plaintiff did not distinguish among the four subsections of ORS 166.”
Am. Fed'n of Teachers-Oregon v. Oregon Taxpayers United Pac, 145 P.3d 1111 (Or. Ct. App. 2006).
· cites it 15× “Observing that the plaintiffs' claim was based on the language of ORS 166.720 and that that language was analogous to the federal RICO act, we followed the lead of federal courts who had considered similar questions and held that, if the claim was derivative, then the aggrieved…”
State v. Cheek, 786 P.2d 1305 (Or. Ct. App. 1990).
· cites it 16× “Defendant was charged with violating ORS 166.720(3), which provides: "It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection…”
Kilminster v. Day Mgmt. Corp., 919 P.2d 474 (Or. 1996).
· cites it 4× “" [12] ORS 166.720 provides in part: "(1) It is unlawful for any person who has knowingly received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an unlawful debt to use or invest, whether directly or…”
State v. Charlesworth, 951 P.2d 153 (Or. Ct. App. 1997).
· cites it 5× “The indictment charged Charlesworth with four counts of racketeering in violation of the Oregon Racketeer Influenced and Corrupt Organizations Act (ORICO), ORS 166.720(2), 166.720(3); four counts of conspiracy to commit racketeering, ORS 161.”
State v. Kelly, 328 P.3d 757 (Or. Ct. App. 2014).
· cites it 7× “Defendant, owner and president of a construction company, challenges a judgment of conviction for racketeering, ORS 166.720(3), under an indictment that alleged multiple theft- and fraud-related predicate offenses stemming from defendant’s procurement and misuse of…”
— Or. Rev. Stat. § 166.720(1) — 19 cases
Am. Fed'n of Teachers-Oregon v. Oregon Taxpayers United Pac, 145 P.3d 1111 (Or. Ct. App. 2006).
“Observing that the plaintiffs' claim was based on the language of ORS 166.720 and that that language was analogous to the federal RICO act, we followed the lead of federal courts who had considered similar questions and held that, if the claim was derivative, then the aggrieved…”
State v. Stout, 415 P.3d 567 (Or. 2018).
“It is, thus, unsurprising that, when the legislature drafted subsection (6) to address the pleading requirements for ORICO generally, it did so using verb tenses that are appropriate for completed incidents of racketeering activity.”
Kilminster v. Day Mgmt. Corp., 919 P.2d 474 (Or. 1996).
“" [12] ORS 166.720 provides in part: "(1) It is unlawful for any person who has knowingly received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an unlawful debt to use or invest, whether directly or…”
Kotera v. Daioh Int'l U.S.A. Corp., 40 P.3d 506 (Or. Ct. App. 2002).
“Plaintiff alleged claims under each of the four subsections of ORS 166.720. 19 However, plaintiff did not distinguish among the four subsections of ORS 166.”
— Or. Rev. Stat. § 166.720(2) — 8 cases
Kotera v. Daioh Int'l U.S.A. Corp., 40 P.3d 506 (Or. Ct. App. 2002).
“Plaintiff alleged claims under each of the four subsections of ORS 166.720. 19 However, plaintiff did not distinguish among the four subsections of ORS 166.”
State v. Charlesworth, 951 P.2d 153 (Or. Ct. App. 1997).
“The indictment charged Charlesworth with four counts of racketeering in violation of the Oregon Racketeer Influenced and Corrupt Organizations Act (ORICO), ORS 166.720(2), 166.720(3); four counts of conspiracy to commit racketeering, ORS 161.”
Oregon Educ. Ass'n v. Parks, 291 P.3d 789 (Or. Ct. App. 2012).
“ORS 166.720. Plaintiffs, who are public employee unions, brought this ORICO action against defendants, alleging a pattern of racketeering activity and seeking damages caused by defendants’ racketeering activities in connection with placing certain measures on the statewide…”
— Or. Rev. Stat. § 166.720(3) — 39 cases
State v. Walker, 333 P.3d 316 (Or. 2014).
“Defendant was charged in Clatsop County with one count of racketeering, ORS 166.720(3), and one count of theft in the first degree, ORS 164.”
State v. Cheek, 786 P.2d 1305 (Or. Ct. App. 1990).
“Defendant was charged with violating ORS 166.720(3), which provides: "It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection…”
Oregon Educ. Ass'n v. Parks, 291 P.3d 789 (Or. Ct. App. 2012).
“ORS 166.720. Plaintiffs, who are public employee unions, brought this ORICO action against defendants, alleging a pattern of racketeering activity and seeking damages caused by defendants’ racketeering activities in connection with placing certain measures on the statewide…”
State v. Stout, 415 P.3d 567 (Or. 2018).
“It is, thus, unsurprising that, when the legislature drafted subsection (6) to address the pleading requirements for ORICO generally, it did so using verb tenses that are appropriate for completed incidents of racketeering activity.”
Kotera v. Daioh Int'l U.S.A. Corp., 40 P.3d 506 (Or. Ct. App. 2002).
“Plaintiff alleged claims under each of the four subsections of ORS 166.720. 19 However, plaintiff did not distinguish among the four subsections of ORS 166.”
— Or. Rev. Stat. § 166.720(4) — 6 cases
State v. Stout, 415 P.3d 567 (Or. 2018).
“It is, thus, unsurprising that, when the legislature drafted subsection (6) to address the pleading requirements for ORICO generally, it did so using verb tenses that are appropriate for completed incidents of racketeering activity.”
State v. Stout, 382 P.3d 591 (Or. Ct. App. 2016).
“720(6) describes specific pleading requirements for certain ORICO allegations: “An allegation of a pattern of racketeering activity is sufficient if it contains substantially the following: “(a) A statement of the acts constituting each incident of racketeering activity in…”
Oregon Educ. Ass'n v. Parks, 291 P.3d 789 (Or. Ct. App. 2012).
“ORS 166.720. Plaintiffs, who are public employee unions, brought this ORICO action against defendants, alleging a pattern of racketeering activity and seeking damages caused by defendants’ racketeering activities in connection with placing certain measures on the statewide…”
Kotera v. Daioh Int'l U.S.A. Corp., 40 P.3d 506 (Or. Ct. App. 2002).
“Plaintiff alleged claims under each of the four subsections of ORS 166.720. 19 However, plaintiff did not distinguish among the four subsections of ORS 166.”
— Or. Rev. Stat. § 166.720(5)(a) — 1 case
— Or. Rev. Stat. § 166.720(6) — 6 cases
State v. Stout, 415 P.3d 567 (Or. 2018).
“It is, thus, unsurprising that, when the legislature drafted subsection (6) to address the pleading requirements for ORICO generally, it did so using verb tenses that are appropriate for completed incidents of racketeering activity.”
State v. Stout, 382 P.3d 591 (Or. Ct. App. 2016).
“720(6) describes specific pleading requirements for certain ORICO allegations: “An allegation of a pattern of racketeering activity is sufficient if it contains substantially the following: “(a) A statement of the acts constituting each incident of racketeering activity in…”
State v. Kelly, 328 P.3d 757 (Or. Ct. App. 2014).
“Defendant, owner and president of a construction company, challenges a judgment of conviction for racketeering, ORS 166.720(3), under an indictment that alleged multiple theft- and fraud-related predicate offenses stemming from defendant’s procurement and misuse of…”
— Or. Rev. Stat. § 166.720(6)(a) — 3 cases
State v. Stout, 382 P.3d 591 (Or. Ct. App. 2016).
“720(6) describes specific pleading requirements for certain ORICO allegations: “An allegation of a pattern of racketeering activity is sufficient if it contains substantially the following: “(a) A statement of the acts constituting each incident of racketeering activity in…”
State v. Stout, 415 P.3d 567 (Or. 2018).
“It is, thus, unsurprising that, when the legislature drafted subsection (6) to address the pleading requirements for ORICO generally, it did so using verb tenses that are appropriate for completed incidents of racketeering activity.”
— Or. Rev. Stat. § 166.720(6)(b) — 2 cases
State v. Stout, 382 P.3d 591 (Or. Ct. App. 2016).
“720(6) describes specific pleading requirements for certain ORICO allegations: “An allegation of a pattern of racketeering activity is sufficient if it contains substantially the following: “(a) A statement of the acts constituting each incident of racketeering activity in…”
State v. Stout, 415 P.3d 567 (Or. 2018).
“It is, thus, unsurprising that, when the legislature drafted subsection (6) to address the pleading requirements for ORICO generally, it did so using verb tenses that are appropriate for completed incidents of racketeering activity.”
— Or. Rev. Stat. § 166.720(6)(c) — 2 cases
State v. Stout, 415 P.3d 567 (Or. 2018).
“It is, thus, unsurprising that, when the legislature drafted subsection (6) to address the pleading requirements for ORICO generally, it did so using verb tenses that are appropriate for completed incidents of racketeering activity.”
State v. Stout, 382 P.3d 591 (Or. Ct. App. 2016).
“720(6) describes specific pleading requirements for certain ORICO allegations: “An allegation of a pattern of racketeering activity is sufficient if it contains substantially the following: “(a) A statement of the acts constituting each incident of racketeering activity in…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.