What is the test for establishing a pattern of racketeering activity in a criminal case?
The following excerpt is from U.S. v. Scarpa, 913 F.2d 993 (2nd Cir. 1990):
The district court's charge concerning the phrase "pattern of racketeering activity" tracked the language of section 1961(5), and then added that "the government is required to prove that the unlawful or racketeering acts were in some way related to the activities of the enterprise or that the defendant was able to commit the acts solely by virtue of his position in the enterprise." Granato contends on appeal that this instruction improperly failed to include the requirement of relationship and continuity among the predicate acts alleged in the indictment. This requirement was established in this circuit by United States v.
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