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Enterprise Corruption

Enterprise Corruption

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What is Enterprise Corruption?

A person is guilty of Enterprise Corruption when he or she is aware they are working for a criminal enterprise and:

  • Intentionally conducts or participates in the affairs of an enterprise by participating in a pattern of criminal activity
  • Intentionally acquires or maintains any interest in or control of an enterprise by participating in a pattern of criminal activity
  • Participates in a pattern of criminal activity and knowingly invests any proceeds derived from that conduct, or any proceeds derived from the investment or use of those proceeds, in an enterprise.

A person can also be liable for the criminal acts of another under this law when they intentionally solicit, request, or aid in the activity with the same degree of mental culpability of the other.

Contact Law Office of John Buza, PC today if you have been charged with enterprise corruption and need a proven Manhattan criminal defense attorney.

The Enterprise Corruption law is New York's answer to the Federal RICO Act. The Racketeering Influenced Corrupt Organization (RICO) Act was passed in 1970. It was designed to combat organized crime in the United States. No single law was more effective in eviscerating criminal syndicates throughout the country.

Because RICO was so successful in prosecuting organized crime, many states passed their own laws mirroring the federal statute. In New York, that law is the Enterprise Corruption Law. Enterprise Corruption is codified in New York Penal Code Article 460.

What is a Criminal Enterprise?

Under New York law, a criminal enterprise means a group of persons sharing a common purpose of engaging in criminal conduct, associated in an ascertainable structure distinct from a pattern of criminal activity, and with a continuity of existence, structure and criminal purpose beyond the scope of individual criminal incidents.

A criminal enterprise exists when two or more individuals, all sharing a common purpose of engaging in criminal conduct, come together and become associated in a group that has a defined structure, a continuing existence, and a criminal purpose that extends beyond the committing of an individual criminal act.

Aggravated Enterprise Corruption

A person is guilty of Aggravated Enterprise Corruption, as defined by Penal Code Section 460.22, when they commit the crime of Enterprise Corruption, as it is defined above, and when two or more of their criminal activities are class A or class B felonies. At least one of the following stipulations are also required:

  • At least two of the acts are defined as "Armed Felonies" under New York Law
  • At least one of the acts is defined as an "Armed Felony" and at least one of the acts is the Criminal Purchase of Disposal of a Firearm
  • One act is a class B violent felony and two acts are Criminal Purchase or Disposal of a Firearm

Both Enterprise Corruption and Aggravated Enterprise Corruption are among the most serious laws in the Penal Code. The charges are almost always brought in conjunction with other serious charges.

John Buza is an experienced Manhattan criminal defense attorney. If you, or a loved one, is accused of Enterprise Corruption, do not hesitate to contact him immediately for a free consultation.


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