PENNSYLVANIA’S CORRUPT ORGANIZATIONS ACT
18 Pa.C.S. § 911

The declared purpose of Pennsylvania’s Corrupt Organizations Act (“COA”) is to uncover organized crime and to severely punish those persons who engage in organized crime through pattern of racketeering activity.

Elements of Pennsylvania’s Corrupt Organizations Act

To sustain conviction for corrupt organizations, Commonwealth must prove that: (1) the Defendant engaged in pattern of racketeering activity, (2) whose profits benefited an enterprise, (3) with which he/she was connected to.

What is Racketeering Activity?

Pennsylvania’s Corrupt Organizations Act defines “racketing activity” as an act indictable as:

Racketeering activity occurs where there is any conspiracy to commit any of the offenses noted above. Further, a “pattern of racketeering activity” is defined as “a course of conduct requiring two or more acts of racketeering activity one of which occurred after the effective date of the section.”

It was not required that a defendant be charged and convicted with violating an underlying offense to sustain conviction for offense of corrupt organizations.

What is an Enterprise?

An “enterprise,” is defined as 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.

The COA applies to wholly illegitimate (illegal) enterprises and to legitimate enterprises that are funded by or provide support to organized crime or racketeering activity.

Thus, the current version of Pennsylvania’s Corrupt Organizations Act does not require illegitimate enterprise to have connection with legitimate business. Moreover, the statute does not require proof that a defendant was engaged in organized crime. Commonwealth v. Dellisanti, 876 A.2d 366 (Pa. 2005).

The Connection Element

Third, the Commonwealth must prove that the accuses is associated with or connected to the enterprise in question. The Commonwealth can prove this by showing cooperation between a group of criminals.

Grading of PA’s Corrupt Organizations Law

This offense is graded as a felony of the first degree. The maximum term of imprisonment is 20 years and the maximum fine is $25,000.00

The offense gravity score for Corrupt Organizations is 8.

Call Today for a Free Consultation

​If you or someone you love has been charged with violating Pennsylvania’s Corrupt Organizations Act call Lampman Law today at 570-371-3737 for free consultation.