SB 352 - This act creates the Missouri Criminal Enterprise Act. Under this act, a person commits a Class B felony offense of racketeering if he or she participates in the affairs of an enterprise through a pattern of racketeering activity or the collection of an unlawful debt, acquires an interest in an enterprise or property through a pattern of racketeering activity, or has received any proceeds derived from a pattern of racketeering activity and uses the proceeds to acquire, establish, or operate any enterprise or real property. It is also a Class B felony offense of racketeering to conspire or attempt to commit the offense. The Attorney General may commence criminal racketeering actions.
Any person found guilty of racketeering, through which the person derived pecuniary value, or by which the person caused personal injury or property damage or other loss, may be sentenced to pay a fine of up to three times the gross value gained or gross loss caused, whichever is the greater. The person may also be fined court costs and the reasonably incurred costs of investigation and prosecution, as determined by the court.
This act allows the Attorney General to institute civil proceedings to provide relief and enjoin violations of racketeering. If the Attorney General proves the alleged violation by a preponderance of the evidence and the court has made due provision for the rights of innocent persons, the court may issue appropriate orders and judgments. This act provides a non-exhaustive list of the dispositions the court may make.
Under this act, all property, real or personal, used in the course of, intended for use in the course of, derived from, or realized through racketeering is subject to civil forfeiture pursuant to the Criminal Activity Forfeiture Act.
This act gives the Attorney General authority to investigate racketeering. The Attorney General may subpoena witnesses before the commencement of any civil or criminal proceeding, and may compel the attendance of witnesses, examine witnesses under oath, require the production of evidence or documentary materials, and require answers to written interrogatories to be furnished under oath.
This act makes it a Class D felony until December 31, 2016, and a Class E felony beginning January 1, 2017, for a person to knowingly move, conceal, withhold, destroy, mutilate, alter, or falsify any documentary material that is the subject of a demand by the Attorney General with the intent to avoid, evade, prevent or obstruct compliance with an investigative demand of the Attorney General.
In the event a witness subpoenaed under this section fails or refuses to appear, or to produce documentary materials, or to give testimony relevant or material to an investigation, the Attorney General may petition the circuit court in the county where the witness resides for an order requiring the witness to attend and testify, or to produce the documentary materials. Any failure or refusal by the witness to obey an order of the court may be punishable by the court as contempt.
This act provides definitions for "documentary materials", "enterprise", "pattern of racketeering activity", "personal property", "racketeering", "real property", and "unlawful debt".
MEGHAN LUECKE