NCJ Number
93861
Journal
Bulletin on Narcotics Volume: 35 Issue: 2 Dated: (1983) Pages: 77-94
Date Published
1983
Length
18 pages
Annotation
This analysis of the Continuing Criminal Enterprise Statute (21 U.S. Code 848) considers its legislative history, elements of the offense, frequent defense arguments against the use of the statute, and forfeiture under the statute.
Abstract
The Continuing Criminal Enterprise statute is directed at any person who 'occupies a position of organizer, a supervisory position, or any other position of management' in a drug-producing and drug-distributing enterprise. It provides for one of the most severe penalties of any Federal criminal statute currently in force. Under the act, convicted offenders must be sentenced to a minimum of 10 years in prison with no possibility of parole. The court may also impose a life sentence without parole and fines totalling $100,000. Moreover, all profits and assets that have afforded the defendant a source of influence over the illegal enterprise are subject to forfeiture. Proof of five elements is generally required to sustain a prosecution under the act. First, the defendant's conduct must constitute a felony violation of the Federal drug laws; secondly, that conduct must occur as part of a continuing series of violations; thirdly, the defendant must undertake the activity in concert with five or more persons; fourthly, the defendant must act as the organizer, supervisor, or manager of the criminal enterprise; fifthly, the defendant must obtain substantial income or resources from the enterprise. Frequent defense arguments used when the statute is applied are (1) 'void for vagueness,' (2) prejudicial joinder, (3) double jeopardy, and (4) sentencing issues.