Does the existence of a racketeering enterprise constitute an essential conduct element of a criminal act?
MultiRegion, United States of America
The following excerpt is from U.S.A. v. Saavedra, 223 F.3d 85 (2nd Cir. 1999):
526 U.S. at 280 (emphasis added); see also id. (using the words "conduct element" three times in one paragraph). Here, although the existence of a racketeering enterprise is assuredly an element of the crime, see, e.g., United States v. Polanco, 145 F.3d 536, 539-40 (2d Cir. 1998), it is plainly not an essential conduct element.
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