2010 Pennsylvania Code
Chapter 9 - Inchoate Crimes
911 - Corrupt organizations.

     § 911.  Corrupt organizations.
        (a)  Findings of fact.--The General Assembly finds that:
            (1)  organized crime is a highly sophisticated,
        diversified, and widespread phenomenon which annually drains
        billions of dollars from the national economy by various
        patterns of unlawful conduct including the illegal use of
        force, fraud, and corruption;
            (2)  organized crime exists on a large scale within the
        Commonwealth of Pennsylvania, engaging in the same patterns
        of unlawful conduct which characterize its activities
            (3)  the vast amounts of money and power accumulated by
        organized crime are increasingly used to infiltrate and
        corrupt legitimate businesses operating within the
        Commonwealth, together with all of the techniques of
        violence, intimidation, and other forms of unlawful conduct
        through which such money and power are derived;
            (4)  in furtherance of such infiltration and corruption,
        organized crime utilizes and applies to its unlawful purposes
        laws of the Commonwealth of Pennsylvania conferring and
        relating to the privilege of engaging in various types of
        business and designed to insure that such businesses are
        conducted in furtherance of the public interest and the
        general economic welfare of the Commonwealth;
            (5)  such infiltration and corruption provide an outlet
        for illegally obtained capital, harm innocent investors,
        entrepreneurs, merchants and consumers, interfere with free
        competition, and thereby constitute a substantial danger to
        the economic and general welfare of the Commonwealth of
        Pennsylvania; and
            (6)  in order to successfully resist and eliminate this
        situation, it is necessary to provide new remedies and
        (b)  Prohibited activities.--
            (1)  It shall be unlawful for any person who has received
        any income derived, directly or indirectly, from a pattern of
        racketeering activity in which such person participated as a
        principal, to use or invest, directly or indirectly, any part
        of such income, or the proceeds of such income, in the
        acquisition of any interest in, or the establishment or
        operation of, any enterprise: Provided, however, That 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 issue held by the purchaser, the
        members of his immediate family, and his or their accomplices
        in any pattern of racketeering activity after such purchase,
        do not amount in the aggregate to 1% 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: Provided, further, That if, in any proceeding
        involving an alleged investment in violation of this
        subsection, it is established that over half of the
        defendant's aggregate income for a period of two or more
        years immediately preceding such investment was derived from
        a pattern of racketeering activity, a rebuttable presumption
        shall arise that such investment included income derived from
        such pattern of racketeering activity.
            (2)  It shall be unlawful for any person through a
        pattern of racketeering activity to acquire or maintain,
        directly or indirectly, any interest in or control of any
            (3)  It shall be unlawful for any person employed by or
        associated with any enterprise to conduct or participate,
        directly or indirectly, in the conduct of such enterprise's
        affairs through a pattern of racketeering activity.
            (4)  It shall be unlawful for any person to conspire to
        violate any of the provisions of paragraphs (1), (2) or (3)
        of this subsection.
        (c)  Grading.--Whoever violates any provision of subsection
     (b) of this section is guilty of a felony of the first degree. A
     violation of this subsection shall be deemed to continue so long
     as the person who committed the violation continues to receive
     any benefit from the violation.
        (d)  Civil remedies.--
            (1)  The several courts of common pleas, and the
        Commonwealth Court, shall have jurisdiction to prevent and
        restrain violations of subsection (b) of this section by
        issuing appropriate orders, including but not limited to:
                (i)  ordering any person to divest himself of any
            interest direct or indirect, in the enterprise; imposing
            reasonable restrictions on the future activities or
            investments of any person, including but not limited to,
            prohibiting any person from engaging in the same type of
            endeavor as the enterprise engaged in; and
                (ii)  making due provision for the rights of innocent
            persons, ordering the dissolution of the enterprise,
            ordering the denial, suspension or revocation of charters
            of domestic corporations, certificates of authority
            authorizing foreign corporations to do business within
            the Commonwealth of Pennsylvania, licenses, permits, or
            prior approval granted to any enterprise by any
            department or agency of the Commonwealth of Pennsylvania;
            or prohibiting the enterprise from engaging in any
            (2)  In any proceeding under this subsection, the court
        shall proceed as soon as practicable to the hearing and
        determination thereof. Pending final determination, the court
        may enter preliminary or special injunctions, or take such
        other actions, including the acceptance of satisfactory
        performance bonds, as it may deem proper.
            (3)  A final judgment or decree rendered in favor of the
        Commonwealth of Pennsylvania in any criminal proceeding under
        this section shall estop the defendant from denying the
        essential allegations of the criminal offense in any
        subsequent civil proceeding under this subsection.
            (4)  Proceedings under this subsection, at pretrial,
        trial and appellate levels, shall be governed by the
        Pennsylvania Rules of Civil Procedure and all other rules and
        procedures relating to civil actions, except to the extent
        inconsistent with the provisions of this section.
        (e)  Enforcement.--
            (1)  The Attorney General shall have the power and duty
        to enforce the provisions of this section, including the
        authority to issue civil investigative demands pursuant to
        subsection (f), institute proceedings under subsection (d),
        and to take such actions as may be necessary to ascertain and
        investigate alleged violations of this section.
            (2)  The Attorney General and the district attorneys of
        the several counties shall have concurrent authority to
        institute criminal proceedings under the provisions of this
            (3)  Nothing contained in this subsection shall be
        construed to limit the regulatory or investigative authority
        of any department or agency of the Commonwealth whose
        functions might relate to persons, enterprises, or matters
        falling within the scope of this section.
        (f)  Civil investigative demand.--
            (1)  Whenever the Attorney General has reason to believe
        that any person or enterprise may be in possession, custody,
        or control of any documentary material relevant to a
        racketeering investigation, he may issue in writing, and
        cause to be served upon such person or enterprise, a civil
        investigative demand requiring the production of such
        material for examination.
            (2)  Each such demand shall:
                (i)  state the nature of the conduct constituting the
            alleged racketeering violation which is under
            investigation, the provision of law applicable thereto
            and the connection between the documentary material
            demanded and the conduct under investigation;
                (ii)  describe the class or classes of documentary
            material to be produced thereunder with such definiteness
            and certainty as to permit such material to be fairly
                (iii)  state that the demand is returnable forthwith
            or prescribe a return date which will provide a
            reasonable period of time within which the material so
            demanded may be assembled and made available for
            inspection and copying or reproduction;
                (iv)  identify a racketeering investigator to whom
            such material shall be made available; and
                (v)  contain the following statement printed
            conspicuously at the top of the demand: "You have the
            right to seek the assistance of any attorney and he may
            represent you in all phases of the racketeering
            investigation of which this civil investigative demand is
            a part."
            (3)  No such demand shall:
                (i)  contain any requirement which would be held to
            be unreasonable if contained in a subpoena duces tecum
            issued by any court in connection with a grand jury
            investigation of such alleged racketeering violation; or
                (ii)  require the production of any documentary
            evidence which would be privileged from disclosure if
            demanded by a subpoena duces tecum issued by any court in
            connection with a grand jury investigation of such
            alleged racketeering violation.
            (4)  Service of any such demand or any petition filed
        under this subsection shall be made in the manner prescribed
        by the Pennsylvania Rules of Civil Procedure for service of
        writs and complaints.
            (5)  A verified return by the individual serving any such
        demand or petition setting forth the manner of such service
        shall be prima facie proof of such service. In the case of
        service by registered or certified mail, such return shall be
        accompanied by the return post office receipt of delivery of
        such demand.
            (6)  (i)  Any party upon whom any demand issued under
            this subsection has been duly served shall make such
            material available for inspection and copying or
            reproduction to the racketeering investigator designated
            therein at the principal place of business of such party,
            or at such other place as such investigator and such
            party thereafter may agree or as the court may direct
            pursuant to this subsection, on the return date specified
            in such demand. Such party may upon agreement of the
            investigator substitute copies of all or any part of such
            material for the originals thereof.
                (ii)  The racketeering investigator to whom any
            documentary material is so delivered shall take physical
            possession thereof, and shall be responsible for the use
            made thereof and for its return pursuant to this
            subsection. The investigator may cause the preparation of
            such copies of such documentary material as may be
            required for official use. While in the possession of the
            investigator, no material so produced shall be available
            for examination, without the consent of the party who
            produced such material, by any individual other than the
            Attorney General or any racketeering investigator. Under
            such reasonable terms and conditions as the Attorney
            General shall prescribe, documentary material while in
            the possession of the investigator shall be available for
            examination by the party who produced such material or
            any duly authorized representatives of such party.
                (iii)  Upon completion of:
                    (A)  the racketeering investigation for which any
                documentary material was produced under this
                subsection; and
                    (B)  any case or proceeding arising from such
            the investigator shall return to the party who produced
            such material all such material other than copies thereof
            made pursuant to this subsection which have not passed
            into the control of any court or grand jury through
            introduction into the record of such case or proceeding.
                (iv)  When any documentary material has been produced
            by any party under this subsection for use in any
            racketeering investigation, and no case or proceeding
            arising therefrom has been instituted within a reasonable
            time after completion of the examination and analysis of
            all evidence assembled in the course of such
            investigation, such party shall be entitled, upon written
            demand made upon the Attorney General, to the return of
            all documentary material, other than copies thereof made
            pursuant to this subsection, so produced by such party.
            (7)  Whenever any person or enterprise fails to comply
        with any civil investigative demand duly served upon him
        under this subsection or whenever satisfactory copying or
        reproduction of any such material cannot be done and such
        party refuses to surrender such material, the Attorney
        General may file, in the court of common pleas for any county
        in which such party resides or transacts business, and serve
        upon such party a petition for an order of such court for the
        enforcement of this subsection, except that if such person
        transacts business in more than one county such petition
        shall be filed in the county in which party maintains his or
        its principal place of business.
            (8)  Within 20 days after the service of any such demand
        upon any person or enterprise, or at any time before the
        return date specified in the demand, whichever period is
        shorter, such party may file, in the court of common pleas of
        the county within which such party resides or transacts
        business, and serve upon the Attorney General a petition for
        an order of such court modifying or setting aside such
        demand. The time allowed for compliance with the demand in
        whole or in part as deemed proper and ordered by the court
        shall not run during the pendency of such petition in the
        court. Such petition shall specify each ground upon which the
        petitioner relies in seeking such relief, and may be based
        upon any failure of such demand to comply with the provisions
        of this subsection or upon any constitutional or other legal
        right or privilege of such party.
            (9)  At any time during which the Attorney General is in
        custody or control of any documentary material delivered by
        any party in compliance with any such demand, such party may
        file, in the court of common pleas of the county within which
        such documentary material was delivered, and serve upon the
        Attorney General a petition for an order of such court
        requiring the performance of any duty imposed by this
            (10)  Whenever any petition is filed in any court of
        common pleas under this subsection, such court shall have
        jurisdiction to hear and determine the matter so presented,
        and, after a hearing at which all parties are represented, to
        enter such order or orders as may be required to carry into
        effect the provisions of this subsection.
        (g)  Immunity.--Whenever any individual refuses, on the basis
     of his privilege against self-incrimination, to comply with a
     civil investigative demand issued pursuant to subsection (f) or
     to testify or produce other information in any proceeding under
     subsection (d), the Attorney General may invoke the provisions
     of 42 Pa.C.S. § 5947 (relating to immunity of witnesses).
        (h)  Definitions.--As used in this section:
            (1)  "Racketeering activity" means all of the following:
                (i)  An act which is indictable under any of the
            following provisions of this title:
                    Chapter 25 (relating to criminal homicide)
                    Section 2706 (relating to terroristic threats)
                    Chapter 29 (relating to kidnapping)
                    Chapter 30 (relating to trafficking of persons)
                    Chapter 33 (relating to arson, criminal mischief
                and other property destruction)
                    Chapter 37 (relating to robbery)
                    Chapter 39 (relating to theft and related
                    Section 4108 (relating to commercial bribery and
                breach of duty to act disinterestedly)
                    Section 4109 (relating to rigging publicly
                exhibited contest)
                    Section 4117 (relating to insurance fraud)
                    Chapter 47 (relating to bribery and corrupt
                    Chapter 49 (relating to falsification and
                    Section 5111 (relating to dealing in proceeds of
                unlawful activities)
                    Section 5512 (relating to lotteries, etc.)
                    Section 5513 (relating to gambling devices,
                gambling, etc.)
                    Section 5514 (relating to pool selling and
                    Chapter 59 (relating to public indecency).
                (ii)  An offense indictable under section 13 of the
            act of April 14, 1972 (P.L.233, No.64), known as The
            Controlled Substance, Drug, Device and Cosmetic Act
            (relating to the sale and dispensing of narcotic drugs).
                (iii)  A conspiracy to commit any of the offenses set
            forth in subparagraph (i), (ii) or (v).
                (iv)  The collection of any money or other property
            in full or partial satisfaction of a debt which arose as
            the result of the lending of money or other property at a
            rate of interest exceeding 25% per annum or the
            equivalent rate for a longer or shorter period, where not
            otherwise authorized by law.
                (v)  An offense indictable under 4 Pa.C.S. Pt. II
            (relating to gaming).
        An act which otherwise would be considered racketeering
        activity by reason of the application of this paragraph,
        shall not be excluded from its application solely because the
        operative acts took place outside the jurisdiction of this
        Commonwealth, if such acts would have been in violation of
        the law of the jurisdiction in which they occurred.
            (2)  "Person" means any individual or entity capable of
        holding a legal or beneficial interest in property.
            (3)  "Enterprise" means any individual, partnership,
        corporation, association or other legal entity, and any union
        or group of individuals associated in fact although not a
        legal entity, engaged in commerce and includes legitimate as
        well as illegitimate entities and governmental entities.
            (4)  "Pattern of racketeering activity" refers to a
        course of conduct requiring two or more acts of racketeering
        activity one of which occurred after the effective date of
        this section.
            (5)  "Racketeering investigator" means an attorney,
        investigator or investigative body so designated in writing
        by the Attorney General and charged with the duty of
        enforcing or carrying into effect the provisions of this
            (6)  "Racketeering investigation" means any inquiry
        conducted by any racketeering investigator for the purpose of
        ascertaining whether any person has been involved in any
        violation of this section or of any order, judgment, or
        decree of any court duly entered in any case or proceeding
        arising under this section.
            (7)  "Documentary material" means any book, paper,
        record, recording, tape, report, memorandum, written
        communication, or other document relating to the business
        affairs of any person or enterprise.
            (8)  "Organized crime" means any person or combination of
        persons engaging in or having the purpose of engaging in
        conduct which violates any provision of subsection (b) and
        also includes "organized crime" as defined in section 5702
        (relating to definitions).
     (Dec. 30, 1974, P.L.1044, No.341, eff. imd.; Apr. 28, 1978,
     P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142,
     eff. 60 days; Feb. 7, 1990, P.L.11, No.6, eff. 60 days; June 19,
     1996, P.L.342, No.55, eff. imd.; Nov. 1, 2006, P.L.1243, No.135,
     eff. imd.; Nov. 9, 2006, P.L.1340, No.139, eff. 60 days; Nov.
     29, 2006, P.L.1481, No.168, eff. 60 days)

        2006 Amendments.  Act 135 amended subsec. (h)(1), Act 139
     amended subsec. (h)(1) and Act 168 amended subsec. (h)(1). Act
     168 overlooked the amendments by Act 135 and Act 139, but the
     amendments do not conflict in substance and have all been given
     effect in setting forth the text of subsec. (h)(1). Act 139
     overlooked the amendment by Act 135, but the amendments do not
     conflict in substance and have both been given effect in setting
     forth the text of subsec. (h)(1).
        1996 Amendment.  Act 55 amended subsec. (h)(1) and (3) and
     added subsec. (h)(8).
        1990 Amendment.  Act 6 amended subsec. (h).
        1980 Amendment.  Act 142 amended subsec. (g).
        Cross References.  Section 911 is referred to in sections
     5708, 6105 of this title; section 5552 of Title 42 (Judiciary
     and Judicial Procedure).

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