10th Cir. Crim. Pattern Jury Instr. 2.74.3

ORGANIZATIONS ACT—“SECTION A”

First Element—The Enterprise

The first element that the government must prove beyond a

reasonable doubt is that an “enterprise” existed as alleged in the

indictment.

The government has charged the following in the indictment

as constituting the enterprise: [Insert the counts or allegations

which relate to the enterprise.]

An enterprise includes any legal entity, such as a partnership,

corporation, or association, and some other entities as I shall

define them for you.

I f y o u fi n d t h a t t h i s w a s , i n f a c t , a l e g a l e n t i t y s u c h a s a

partnership, corporation or association, then you may find that an

enterprise existed.

An enterprise also includes a group of people who associated

together for a common purpose of engaging in a course of conduct

over a period of time. This group of people does not have to be a

legally recognized entity, such as a partnership or corporation.

This group may be organized for a legitimate and lawful purpose,

or it may be organized for an unlawful purpose. This group of

people must have (1) a common purpose; and (2) an ongoing

organization, either formal or informal; and (3) personnel who

function as a continuing unit.

If you find these three elements, then you may find that an

enterprise existed.