NC · jury_instructions
N.C.P.I.—Civil 814.41
CIVIL RICO—ENGAGING IN A PATTERN OF RACKETEERING ACTIVITY.
The (state number) issue reads:
“Was the plaintiff [injured] [damaged] by the [defendant’s]
[defendants’]
[engaging in a pattern of racketeering activity].1
[,[through a pattern of racketeering activities] [through proceeds
derived from a pattern of racketeering activities],
[acquiring] [maintaining], directly or indirectly, any
[interest in] [control of] any
[enterprise] [real property] [personal property of
any nature, including money]]?2”
The burden of proof on this issue is on the plaintiff. This means that
the plaintiff must prove, by the greater weight of the evidence, five things3:
First, that the [defendant] [defendants]
[engaged in a pattern of racketeering activity]
[,[through a pattern of racketeering activities] [through proceeds
derived from a pattern of racketeering activities],
[acquired] [maintained], directly or indirectly, any
[interest in] [control of] any
[enterprise] [real property] [personal property of
any nature, including money]].
“Racketeering activity” means to [commit] [attempt to commit]
[[solicit] [coerce] [intimidate] another person to commit] [an act] [acts]
which would be chargeable by indictment for (state crime(s)).4
“Pattern of racketeering activity” means engaging in at least two
incidents of racketeering activity that have the same or similar purposes,
results, accomplices, victims, or methods of commission or otherwise are
interrelated by distinguishing characteristics and are not isolated and
unrelated incidents, provided that at least one of such incidents occurred
after October 1, 1986, and that at least one other of such incidents occurred
within a four-year period of time of the other, excluding any periods of
imprisonment, after the commission of a prior incident of racketeering
activity.5
Second, that at least one of the incidents of racketeering activity
involved something other than mail fraud, wire fraud or fraud in the sale of
securities.6
Third, that as a result of such racketeering activity, the plaintiff
suffered [injury] [damage] to his [business] [property].7
Fourth, that the [defendant] [defendants] obtained pecuniary gain as a
result of the racketeering activity.
And Fifth, that the plaintiff is an innocent person.8
Finally, as to this issue on which the plaintiff has the burden of proof, if
you find, by the greater weight of the evidence, that the [defendant]
[defendants]
[engaged in a pattern of racketeering activity]
[,[through a pattern of racketeering activities] [through proceeds
derived from a pattern of racketeering activities],
[acquired] [maintained], directly or indirectly, any
[interest in] [control of] any
[enterprise] [real property] [personal property of
any nature, including money]],
that at least one of the incidents of racketeering activity involved
something other than mail fraud, wire fraud or fraud in the sale of securities,
that as a result of such racketeering activity, the plaintiff suffered
[injury] [damage] to his [business] [property],
that the [defendant] [defendants] obtained pecuniary gain as a result
of the racketeering activity, and
that the plaintiff is an innocent person, then it would be your duty to
answer this issue “Yes,” in favor of the plaintiff. If you do not so find, then it
would be your duty to answer this issue “No,” in favor of the [defendant]
[defendants].
History
N.C.P.I.—Civil 814.41 (May 2016). N.C. Gen. Stat. § 75D-4(a)(1). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
56d1d67b180cac0ffa4f27b3af75ef6053f8c9f36106d46d7413f5c22704b379
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