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Criminal Resource Manual

654. Statute of Limitations and RICO

The Racketeer Influenced and Corrupt Organizations ("RICO") statute, 18 U.S.C. § 1961 et seq., requires that state crimes used as predicate offenses be "chargeable under state law." The federal courts have uniformly held that regardless of the running of the state statute of limitations, a defendant is still "chargeable" with the state offense within the meaning of 18 U.S.C. § 1961(1)(A). See cases cited in United States v. Licavoli, 725 F.2d 1040, 1046-47 (6th Cir.), cert. denied, 467 U.S. 1252 (1984). The reference to state law in the statute is simply to define the conduct, and is not meant to incorporate state procedural law.

[cited in USAM 9-18.000]