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Organized Crime Control Act, 1750

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Organized Crime Control Act, 1750
Long title An Act to combat organized criminal activity and racketeering; to provide enhanced penalties for persons who participate in criminal enterprises; to authorize the forfeiture of proceeds and property derived from racketeering activity; to establish federal jurisdiction over patterns of criminal conduct; to provide for the protection of witnesses and victims; to create civil remedies for persons injured by racketeering activity; to strengthen law enforcement capabilities against organized crime; to amend the Federal Criminal Punishment Act, 1699, the Federal Violent Crimes Act, 1699, the Federal Crimes Act, 1699, the National Police Act, 1699, and the Comprehensive Crime Reduction Act, 1747; and for other purposes
Introduced by Deputy Marcus Thibault (FHP)
Session of Cortes Federales 12th Cortes Federales
Extent Federation of Nouvelle Alexandrie
Dates
Bill Status Introduced
Date introduced 2.II.1750 AN
Last updated 2.II.1750 AN
Other legislation
Related legislation Federal Criminal Punishment Act, 1699, Federal Violent Crimes Act, 1699, Federal Crimes Act, 1699, National Police Act, 1699, Comprehensive Crime Reduction Act, 1747

The Organized Crime Control Act, 1750 is proposed legislation to combat organized criminal activity, racketeering, and criminal enterprises in Nouvelle Alexandrie. The Act was introduced in direct response to the Chop Chop Shops crisis in New Luthoria and the broader need for comprehensive federal tools to dismantle organized criminal networks. The legislation establishes enhanced criminal penalties for persons who participate in patterns of racketeering activity, provides for broad asset forfeiture of proceeds derived from criminal enterprises, creates federal jurisdiction over organized crime, and establishes both criminal and civil remedies for combating racketeering.

The Act represents the most significant expansion of federal law enforcement authority against organized crime in Nouvelle Alexandrie's history. By targeting not just individual criminal acts but the organizational structures that sustain criminal enterprises, the legislation aims to dismantle gangs, trafficking networks, and other organized criminal groups operating within the Federation. The Act amends the Federal Criminal Punishment Act, 1699 to add organized crime offenses to the Federal Criminal Code, enhances investigative authorities under the National Police Act, 1699, and builds upon resources provided by the Comprehensive Crime Reduction Act, 1747.

Background

Organized crime has plagued Nouvelle Alexandrie since the Federation's founding, but traditional criminal statutes proved inadequate to address the systemic nature of criminal enterprises. The Federal Violent Crimes Act, 1699 and Federal Crimes Act, 1699 provide comprehensive criminal penalties for individual acts including murder, assault, kidnapping, trafficking, fraud, and other offenses. However, these statutes address only individual criminal conduct. Individual gang members could be prosecuted for specific crimes under existing law, but the organizations themselves remained intact, simply replacing arrested members while continuing operations.

This limitation became starkly apparent during Operation Hot Iron, the federal response to the Chop Chop Shops crisis in New Luthoria, when investigators discovered that arrested gang members were immediately replaced by new recruits, leaving the criminal infrastructure untouched. The Chop Chop Shops phenomenon emerged in mid-1749 AN when tourists and business travelers began disappearing in New Luthoria. Federal investigators eventually uncovered a network of underground torture facilities operated by organized gangs with ties to Dromosker-descended criminal groups. Victims were kidnapped, tortured to extract banking credentials, had their accounts drained, and were then murdered and disposed of. The crimes shocked the nation and exposed the sophistication and brutality of modern organized crime in Nouvelle Alexandrie.

By VIII.1749 AN, at least 47 victims had been confirmed dead, with dozens more missing and feared deceased. Traditional criminal statutes under the Federal Violent Crimes Act, 1699 proved inadequate to prosecute these crimes effectively. While individual perpetrators could be charged with kidnapping under Article 103, murder under Article 10, torture as aggravated bodily injury under Article 17, and fraud under Article 72 of the Federal Crimes Act, 1699, prosecutors struggled to hold gang leadership accountable or to dismantle the organizational structures that made the crimes possible.

Gang leaders insulated themselves from direct involvement, operating through layers of subordinates. Even when low-level operatives were arrested and charged under existing statutes, the criminal enterprises continued operating. Asset forfeiture provisions in the Federal Crimes Act, 1699 proved too narrow, applying only to specific property directly used in individual crimes rather than the full range of property and proceeds connected to criminal enterprises. Witness intimidation remained rampant, with gang members threatening or murdering potential witnesses and their families, despite penalties under Article 25 of the Federal Crimes Act, 1699 for intimidation and Article 12 for perjury and witness tampering.

The inadequacy of existing law became undeniable during the prosecution of the first Chop Chop Shops cases. Despite overwhelming evidence of an organized criminal enterprise involving dozens of perpetrators across multiple facilities, prosecutors could only charge individuals with the specific crimes they personally committed under the Federal Violent Crimes Act, 1699 and Federal Crimes Act, 1699. Gang leaders who ordered the kidnappings and managed the operations faced no charges because they had not personally tortured victims or drained accounts. The criminal network's financial infrastructure could not be forfeited because existing forfeiture provisions required proof that specific property was directly used in committing specific crimes.

These failures prompted urgent calls for comprehensive legislation targeting organized crime as an enterprise rather than merely prosecuting individual criminal acts. The Department of Justice convened a task force including prosecutors, Federal Gendarmerie investigators, legal scholars, and victims' advocates to draft legislation modeled on successful organized crime statutes from Natopia, Constancia, and other Raspur Pact allies. The result was the Organized Crime Control Act, designed to give federal prosecutors powerful new tools to dismantle criminal organizations.

Deputy Marcus Thibault (FHP), a former federal prosecutor who investigated organized crime in Alduria, introduced the legislation in II.1750 AN. The timing proved critical, as Operation Hot Iron continued uncovering additional Chop Chop Shops facilities and the public demanded action. Premier José Manuel Montero endorsed the Act, calling organized crime "a cancer that threatens the rule of law and the safety of every citizen."

Key Provisions

The Act amends the Federal Criminal Punishment Act, 1699 by adding a new Part XIX titled "Crimes Concerning Organized Crime and Racketeering" to the Federal Criminal Code. This positions organized crime offenses within the existing criminal law framework established in 1699-1701, ensuring consistency with sentencing provisions in Article 13 of the Federal Criminal Punishment Act, 1699 and procedural requirements throughout the Federal Criminal Code.

The Act establishes comprehensive federal jurisdiction over organized criminal activity by defining "racketeering activity" to include predicate offenses already established in the Federal Criminal Code. These include murder (Article 10, Federal Violent Crimes Act), kidnapping and trafficking (Articles 103-105, Federal Crimes Act), torture and aggravated bodily injury (Articles 17-19, Federal Violent Crimes Act), fraud and extortion (Articles 72-77, Federal Crimes Act), embezzlement and breach of trust (Articles 81-83, Federal Crimes Act), and numerous other offenses. The Act requires proof of a "pattern of racketeering activity," defined as committing at least two predicate offenses within ten years, demonstrating ongoing criminal conduct rather than isolated incidents.

The Act creates four primary criminal offenses with enhanced penalties consistent with the sentencing framework in Article 13 of the Federal Criminal Punishment Act, 1699. It prohibits using income derived from racketeering activity to acquire or operate any enterprise, acquiring or maintaining control of any enterprise through racketeering, conducting an enterprise's affairs through racketeering, and conspiring to violate any of these provisions. Penalties include imprisonment up to 20 years and fines up to NAX€5 million, with enhanced penalties for leadership roles, crimes resulting in death or serious injury, and large-scale criminal enterprises.

The Act establishes comprehensive asset forfeiture provisions allowing the Federation to seize property constituting proceeds from racketeering, property used to facilitate racketeering, and interests in enterprises operated through racketeering. The legislation provides for both criminal forfeiture upon conviction and civil forfeiture based on preponderance of evidence, with detailed procedures protecting innocent owners. A Victim Compensation Fund receives 50% of forfeited assets to provide restitution to victims of organized crime.

The Act amends the National Police Act, 1699 to enhance investigative authorities of the Federal Gendarmerie of Nouvelle Alexandrie. Article 4 of the National Police Act is amended to add "investigation and prosecution of organized crime and criminal enterprises" as an explicit duty of the Federal Gendarmerie. Article 12 is amended to require establishment of an Organized Crime Bureau or Department within the Federal Gendarmerie's existing requirement for Counter-terrorism, Counterespionage, International Cooperation, and Professional Integrity departments. The Organized Crime Bureau receives authority to conduct long-term investigations, use specialized investigative techniques including undercover operations and electronic surveillance in accordance with law, coordinate with regional and foreign law enforcement on organized crime matters, and maintain intelligence databases on criminal enterprises.

The Act builds upon resources provided by the Comprehensive Crime Reduction Act, 1747. Article 21 of that Act established the Federal Law Enforcement Enhancement Fund. This Act amends Article 21 to add "proceeds from organized crime forfeitures" as a funding source for the Enhancement Fund. Article 13 of the Comprehensive Crime Reduction Act established the Victim Compensation Fund of Nouvelle Alexandrie, which this Act references for distribution of forfeiture proceeds to crime victims. Article 23 of the Comprehensive Crime Reduction Act established witness protection programs, which this Act expands specifically for organized crime witnesses facing heightened retaliation risks.

Legislative History

Legislative History of the Organized Crime Control Act, 1750
Stage Date Chamber Action Votes (Y-N-A) Details
1 2.II.1750 AN Federal Assembly Introduction - Introduced by Deputy Marcus Thibault (FHP)
2 - Federal Assembly Committee Review - Referred to Judiciary Committee
3 - Federal Assembly First Reading - Pending
4 - Federal Assembly Second Reading - Pending
5 - Federal Assembly Final Reading - Pending
6 - Chamber of Peers First Reading - Pending
7 - Chamber of Peers Final Reading - Pending
8 - - Royal Assent - Pending

Bill as submitted to the "Hopper" of the Federal Assembly, 1750 AN

ORGANIZED CRIME CONTROL ACT, 1750

THE READING OF

A

BILL

TO

Combat organized criminal activity and racketeering throughout the Federation; establish federal jurisdiction over criminal enterprises and patterns of racketeering activity; provide enhanced criminal penalties for persons who participate in organized crime; authorize comprehensive forfeiture of property and proceeds derived from racketeering; create civil remedies for victims and private parties injured by organized crime; establish witness and victim protection programs; strengthen investigative and prosecutorial tools for combating organized criminal networks; provide for effective enforcement against gangs, trafficking organizations, and other criminal enterprises; amend the Federal Criminal Punishment Act, 1699, the Federal Violent Crimes Act, 1699, the Federal Crimes Act, 1699, the National Police Act, 1699, and the Comprehensive Crime Reduction Act, 1747; among other purposes.

ORGANIZED CRIME CONTROL ACT, 1750

Presented by Deputy Marcus Thibault, (FHP)
Ordered, by the Cortes Federales of Nouvelle Alexandrie,
to be Printed, 2.II.1750 AN.

BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Cortes Federales, in this present session assembled, and by the authority of the same, as follows:-


PART I
GENERAL PROVISIONS.

Article 1: Citation.

  1. This Act may be cited as the "Organized Crime Control Act, 1750".

Article 2: Findings.

  1. The Cortes Federales finds that:
    1. the Federal Criminal Punishment Act, 1699, Federal Violent Crimes Act, 1699, and Federal Crimes Act, 1699 establish comprehensive criminal penalties for individual acts but do not adequately address organized criminal enterprises;
    2. organized crime has become increasingly sophisticated, violent, and economically destructive throughout the Federation;
    3. criminal enterprises engage in patterns of racketeering activity that harm citizens, businesses, and governmental institutions;
    4. traditional criminal statutes addressing only individual acts are inadequate to combat organized criminal networks;
    5. the Chop Chop Shops crisis in New Luthoria demonstrated the urgent need for comprehensive tools to dismantle criminal enterprises;
    6. organized crime generates enormous profits that are reinvested to expand criminal operations and corrupt legitimate institutions;
    7. criminal enterprises use violence, intimidation, and corruption to insulate their leadership from prosecution;
    8. witnesses and victims of organized crime face severe intimidation requiring special protection beyond provisions in the Comprehensive Crime Reduction Act, 1747;
    9. organized crime operates across regional boundaries, requiring federal jurisdiction and coordination;
    10. effective law enforcement requires the ability to target criminal organizations rather than merely individual criminals.

Article 3: Definitions.

  1. For the purposes of this Act:
    1. "Racketeering activity" means committing, attempting to commit, conspiring to commit, or aiding and abetting any of the following offenses under the laws of Nouvelle Alexandrie or any Region:
      1. murder (Article 10, Federal Violent Crimes Act, 1699), infanticide (Article 11, Federal Violent Crimes Act), or death resulting from bodily injury (Article 19, Federal Violent Crimes Act);
      2. kidnapping, abduction, and trafficking in persons (Articles 103-107, Federal Crimes Act, 1699);
      3. inflicting bodily injury (Articles 15-20, Federal Violent Crimes Act, 1699);
      4. intimidation (Article 25, Federal Crimes Act);
      5. fraud, extortion, and related offenses (Articles 72-80, Federal Crimes Act);
      6. embezzlement and breach of trust (Articles 81-86, Federal Crimes Act);
      7. destruction and damage of property (Articles 90-95, Federal Crimes Act);
      8. counterfeiting currency and securities (Articles 96-102, Federal Crimes Act);
      9. robbery and theft punishable by imprisonment for more than one year under regional law;
      10. narcotics trafficking and controlled substance offenses punishable by imprisonment for more than one year;
      11. illegal weapons trafficking and prohibited weapons offenses;
      12. money laundering and financial crimes;
      13. cybercrime and unauthorized access to computer systems;
      14. human trafficking, forced labor, and exploitation (Articles 104-105, Federal Crimes Act);
      15. bribery and corruption of public officials (Articles 29-32, Federal Crimes Act);
      16. obstruction of justice and witness tampering (Articles 8-11, Federal Crimes Act);
      17. arson and crimes concerning fire (Articles 13-21, Federal Violent Crimes Act);
      18. gambling offenses involving illegal betting operations or organized gambling enterprises;
      19. prostitution offenses involving organization, management, or profiting from commercial sex operations (Article 61, Federal Crimes Act);
      20. any offense involving violence or threat of violence in furtherance of criminal enterprise activities.
    2. "Pattern of racketeering activity" means:
      1. committing at least two acts of racketeering activity;
      2. where the acts occurred within ten years of each other, excluding any period of imprisonment served under Article 17 of the Federal Criminal Punishment Act, 1699;
      3. where the acts are related to the affairs of the same enterprise or to related enterprises;
      4. where the acts demonstrate continuity of criminal conduct rather than isolated incidents.
    3. "Enterprise" means:
      1. any individual, partnership, corporation, association, or other legal entity;
      2. any union or group of individuals associated in fact although not a legal entity;
      3. any ongoing organization, formal or informal, that functions as a continuing unit;
      4. any group associated together for the purpose of engaging in a course of conduct;
      5. the enterprise may be engaged in legitimate business, illegal activity, or both;
      6. the enterprise must have an existence separate from the pattern of racketeering activity;
      7. proof of a formal hierarchical structure is not required.
    4. "Interstate commerce" means:
      1. trade, commerce, transportation, or communication among Regions of the Federation;
      2. trade, commerce, transportation, or communication between the Federation and foreign nations;
      3. any activity affecting such commerce.
    5. "Proceeds" means any property derived directly or indirectly from racketeering activity, including income, profits, or gains obtained through such activity, as well as property subject to confiscation under Articles 98-102 of the Federal Crimes Act, 1699 (counterfeit currency and securities).
    6. "Instrumentality" means any property used to commit or facilitate racketeering activity.
    7. "Criminal street gang" means any ongoing organization, association, or group of three or more persons having as one of its primary activities the commission of racketeering activity.
PART II
CRIMINAL OFFENSES AND ADDITION TO FEDERAL CRIMINAL CODE.

Article 4: Amendment to Federal Criminal Code.

  1. The Federal Criminal Punishment Act, 1699 is amended by adding the following new Part XIX:
PART XIX
CRIMES CONCERNING ORGANIZED CRIME AND RACKETEERING.

Article 5: Prohibited activities.

  1. It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity to use or invest, directly or indirectly, any part of such income in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate commerce.
    1. This prohibition applies whether the income is received in a single payment or in multiple payments over time.
    2. Violation of this section is punishable by imprisonment for up to 20 years under Article 13, subsection 2 of the Federal Criminal Punishment Act, 1699, a fine of up to NAX€5,000,000, or both.
  2. It shall be unlawful for any person through a pattern of racketeering activity to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate commerce.
    1. This prohibition applies to acquiring ownership interests, management positions, or effective control over enterprise operations through violence, intimidation, fraud, or other illegal means.
    2. Violation of this section is punishable by imprisonment for up to 20 years under Article 13, subsection 2 of the Federal Criminal Punishment Act, 1699, a fine of up to NAX€5,000,000, or both.
  3. It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate commerce to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity.
    1. This prohibition applies to any person who participates in the enterprise's operations, whether as an employee, associate, contractor, or in any other capacity.
    2. This prohibition requires proof that the person participated in the operation or management of the enterprise itself, not merely that they committed racketeering acts.
    3. Violation of this section is punishable by imprisonment for up to 20 years under Article 13, subsection 2 of the Federal Criminal Punishment Act, 1699, a fine of up to NAX€5,000,000, or both.
  4. It shall be unlawful for any person to conspire to violate any provision of subsections 1, 2, or 3 of this Article.
    1. Conspiracy provisions in Article 10, subsections 6-10 of the Federal Criminal Punishment Act, 1699 shall apply.
    2. Conspiracy to violate this Act is punishable by the same penalties as the substantive offense.

Article 6: Enhanced penalties.

  1. In addition to the penalties specified in Article 5, the court may impose enhanced penalties consistent with Article 14 of the Federal Criminal Punishment Act, 1699 when:
    1. the racketeering activity resulted in death, in which case the maximum imprisonment term shall be life imprisonment under Article 13, subsection 2 of the Federal Criminal Punishment Act, 1699;
    2. the racketeering activity involved torture or infliction of serious bodily injury as defined in Articles 17-19 of the Federal Violent Crimes Act, 1699, in which case the maximum imprisonment term shall be 30 years;
    3. the defendant was an organizer, leader, manager, or supervisor of the criminal enterprise, in which case the maximum imprisonment term and fine may be doubled consistent with Article 14, subsection 6 of the Federal Criminal Punishment Act, 1699;
    4. the racketeering activity victimized vulnerable persons including children, elderly persons, or persons with disabilities;
    5. the criminal enterprise operated across multiple Regions or involved international connections;
    6. the proceeds from racketeering activity exceeded NAX€1,000,000.
  2. For organizational defendants convicted under this Act:
    1. fines may be imposed up to NAX€50,000,000 or twice the gross proceeds derived from the racketeering activity, whichever is greater;
    2. confiscation of property under Article 13, subsection 8 of the Federal Criminal Punishment Act, 1699 may include dissolution of the organization.

Article 7: Liability of organizational actors.

  1. Any person who serves as an officer, director, manager, or supervisor of a criminal enterprise and who knowingly authorizes, directs, facilitates, or participates in a pattern of racketeering activity is subject to criminal liability under this Act even if they did not personally commit the predicate racketeering acts.
  2. Provisions concerning principals, instigators, and accessories in Article 10, subsections 6-15 of the Federal Criminal Punishment Act, 1699 shall apply to prosecutions under this Act.

Article 8: Statute of limitations.

  1. Prosecutions under this Act must be commenced within 10 years after the commission of the most recent act of racketeering activity, except that:
    1. if the racketeering activity involved murder (Article 10, Federal Violent Crimes Act) or trafficking resulting in death (Article 107, Federal Crimes Act), there shall be no statute of limitations;
    2. if the defendant was absent from the Federation or concealed themselves to avoid prosecution, the limitations period shall be tolled;
    3. for continuing conspiracies under Article 10, subsection 6 of the Federal Criminal Punishment Act, 1699, the limitations period shall not begin until the conspiracy has terminated.
PART III
CRIMINAL FORFEITURE.

Article 9: Criminal forfeiture upon conviction.

  1. Any person convicted of an offense under Part XIX of the Federal Criminal Code shall forfeit to the Federation:
    1. any interest the person has acquired or maintained in violation of this Act;
    2. any interest in any enterprise which the person has established, operated, controlled, or conducted in violation of this Act;
    3. any property constituting or derived from proceeds obtained from racketeering activity;
    4. any property used or intended to be used to commit or facilitate racketeering activity.
  2. Confiscation provisions in Article 13, subsections 8-10 of the Federal Criminal Punishment Act, 1699 shall apply to forfeitures under this Act.
  3. All right, title, and interest in forfeited property shall vest in the Federation upon commission of the offense giving rise to forfeiture.

Article 10: Substitute assets.

  1. If property subject to forfeiture under Article 9 cannot be located, has been transferred to a third party, has been placed beyond the jurisdiction of the court, has been substantially diminished in value, or has been commingled with other property, then the court shall order the forfeiture of any other property of the defendant up to the value of the property subject to forfeiture.

Article 11: Protective orders and seizure.

  1. Upon application of the government, the court may enter restraining orders or injunctions, require performance bonds, or take any other action to preserve property for forfeiture, including:
    1. prohibiting transfer or disposal of property subject to forfeiture;
    2. appointing a receiver to manage and protect property;
    3. requiring the defendant to repatriate property located outside the Federation;
    4. ordering disclosure of all property owned or controlled by the defendant.
  2. A protective order may be issued ex parte without notice if providing notice would jeopardize the availability of property for forfeiture.

Article 12: Third party interests.

  1. Following entry of a preliminary forfeiture order, the government shall publish notice of the forfeiture.
  2. Any person claiming an interest in forfeited property must petition the court within 60 days and prove by preponderance of evidence that:
    1. they have a legal interest in the property;
    2. they acquired the interest as a bona fide purchaser for value without knowledge of the illegal use; or
    3. they are a victim of the offense underlying the forfeiture.
  3. No interest shall be recognized if the claimant knew or should have known the property was derived from or used in racketeering activity, acquired the interest after criminal investigation began, or is a member or associate of the criminal enterprise.

Article 13: Disposition of forfeited property.

  1. Property forfeited under this Act shall be disposed of as follows:
    1. The Department of Justice shall take custody of forfeited property and liquidate property not needed for official use.
    2. Proceeds from sale of forfeited property shall be deposited as follows:
      1. 50% to the Victim Compensation Fund established under Article 15 of the Comprehensive Crime Reduction Act, 1747 to provide restitution to victims of organized crime;
      2. 30% to the Federal Law Enforcement Enhancement Fund established under Article 21 of the Comprehensive Crime Reduction Act, 1747 for equipment, training, and operations against organized crime;
      3. 20% to the general treasury of the Federation.
  2. Before disposing of forfeited property, the Department of Justice shall provide notice to victims and afford them opportunity to request compensation from the Victim Compensation Fund.
PART IV
CIVIL FORFEITURE.

Article 14: Civil forfeiture proceedings.

  1. The Department of Justice may file a civil action seeking forfeiture of:
    1. any property constituting or derived from proceeds obtained through racketeering activity;
    2. any property used or intended to be used to commit or facilitate racketeering activity;
    3. any interest in any enterprise acquired or maintained through racketeering activity.
  2. Civil forfeiture proceedings may proceed independently of criminal prosecution and may proceed even if criminal charges are not filed, are dismissed, or result in acquittal.
  3. The government must prove by preponderance of evidence that property is subject to forfeiture.

Article 15: Notice and procedure for civil forfeiture.

  1. Upon filing a civil forfeiture complaint, the government shall provide notice to:
    1. any person known to have a legal interest in the property;
    2. the owner of record of any real property subject to forfeiture;
    3. any person in possession of property subject to forfeiture.
  2. Any person claiming an interest must file a claim within 60 days of receiving notice.
  3. Claimants must prove by preponderance of evidence that:
    1. they have a legal interest in the property;
    2. the property was not used in or derived from racketeering activity; or
    3. they are an innocent owner who acquired the interest without knowledge of illegal use.

Article 16: Innocent owner defense.

  1. An innocent owner may assert an affirmative defense by proving by preponderance of evidence that:
    1. they acquired the interest before racketeering activity occurred and did not know and had no reason to know the property would be used in racketeering activity;
    2. they acquired the interest after racketeering activity as a bona fide purchaser for value without knowledge; or
    3. upon learning of racketeering activity, they took reasonable steps to prevent further illegal use.
PART V
CIVIL REMEDIES.

Article 17: Private civil actions.

  1. Any person injured in their business or property by reason of a violation of Part XIX of the Federal Criminal Code may bring a civil action and may recover:
    1. three times the actual damages sustained;
    2. the cost of the suit, including reasonable attorney's fees;
    3. such other relief as the court deems appropriate, including injunctions.
  2. Civil actions must be brought within five years after the plaintiff discovers the injury or reasonably should have discovered the injury.

Article 18: Burden of proof in civil actions.

  1. In civil actions under Article 17, the plaintiff must prove by preponderance of evidence:
    1. that the defendant engaged in a pattern of racketeering activity;
    2. that the defendant's racketeering activity caused injury to the plaintiff's business or property;
    3. the amount of damages sustained.
  2. A final criminal conviction under Part XIX of the Federal Criminal Code shall be conclusive proof that the defendant engaged in the conduct underlying the conviction.
  3. A criminal acquittal shall not preclude a subsequent civil action, as the burden of proof in civil proceedings is lower than in criminal proceedings.

Article 19: Injunctive relief.

  1. In civil actions under this Act, the court may issue appropriate injunctive relief including:
    1. ordering the defendant to divest themselves of any interest in any enterprise;
    2. imposing reasonable restrictions on the defendant's future activities or investments;
    3. ordering dissolution or reorganization of any enterprise;
    4. prohibiting the defendant from engaging in particular types of business.
PART VI
INVESTIGATIONS AND PROSECUTIONS.

Article 20: Amendments to the National Police Act, 1699.

  1. Article 4 of the National Police Act, 1699 is amended by adding the following duty to subsection 1:
    1. "Investigation and prosecution of organized crime and criminal enterprises in coordination with the Department of Justice".
  2. Article 12 of the National Police Act, 1699 is amended by adding the following to subsection 4:
    1. "an Organized Crime Bureau or Department, which shall investigate patterns of racketeering activity, maintain intelligence databases on criminal enterprises, coordinate with regional and foreign law enforcement on organized crime matters, and support prosecutions under the Organized Crime Control Act, 1750".

Article 21: Investigative authority.

  1. The Federal Gendarmerie of Nouvelle Alexandrie shall have primary investigative authority for offenses under Part XIX of the Federal Criminal Code and shall:
    1. conduct investigations into organized criminal activity throughout the Federation;
    2. coordinate with regional law enforcement agencies in joint investigations;
    3. maintain intelligence databases on known and suspected criminal enterprises;
    4. use investigative techniques authorized by law including undercover operations, electronic surveillance under Article 6 of the National Police Act, 1699, and confidential informants.
  2. The Department of Justice shall establish an Organized Crime Strike Force composed of prosecutors and investigators dedicated to combating racketeering and criminal enterprises.

Article 22: Grand jury proceedings.

  1. Grand juries may be convened to investigate violations of Part XIX of the Federal Criminal Code and shall have authority to:
    1. subpoena witnesses to testify under oath;
    2. subpoena documents, records, and other tangible evidence;
    3. grant immunity to witnesses who refuse to testify on grounds of self-incrimination under Article 9, subsection 4 of the Federal Criminal Punishment Act, 1699.
  2. Persons who refuse to comply with grand jury subpoenas may be held in civil contempt.

Article 23: Cooperation and sentence reduction.

  1. The court may reduce the sentence of any defendant convicted under Part XIX of the Federal Criminal Code if the defendant provides substantial assistance in the investigation or prosecution of other participants in the criminal enterprise.
  2. Sentence reduction provisions in Article 14, subsection 2 of the Federal Criminal Punishment Act, 1699 regarding self-denunciation and voluntary confession shall apply to prosecutions under this Act.
  3. The extent of sentence reduction shall be determined based on:
    1. the significance and usefulness of the defendant's assistance;
    2. the nature and extent of the defendant's own criminal conduct;
    3. any injury or damage caused by the defendant's criminal conduct;
    4. any risk or danger to the defendant or their family resulting from cooperation.
PART VII
WITNESS AND VICTIM PROTECTION.

Article 24: Enhancement of witness protection programs.

  1. Article 13 of the Comprehensive Crime Reduction Act, 1747 is amended to expand the Federal Witness Protection Program to provide specialized protection for witnesses in organized crime cases.
  2. The enhanced program shall provide:
    1. temporary or permanent relocation of witnesses and immediate family members;
    2. new identity documents and assistance in establishing new identities;
    3. financial assistance for housing, employment, and basic necessities;
    4. physical security measures including protective details and secure housing;
    5. psychological counseling and support services.
  3. A witness may be admitted into the enhanced protection program if:
    1. the witness is providing testimony or information in an investigation or prosecution under Part XIX of the Federal Criminal Code;
    2. there is a credible threat to the safety of the witness or the witness's family from members of a criminal enterprise;
    3. the witness has agreed to cooperate fully with law enforcement and prosecutors.

Article 25: Victim assistance and compensation.

  1. Article 15 of the Comprehensive Crime Reduction Act, 1747 is amended to provide that victims of offenses under Part XIX of the Federal Criminal Code shall be entitled to:
    1. notification of all court proceedings involving their case;
    2. the opportunity to submit victim impact statements consistent with Article 14 of the Federal Criminal Punishment Act, 1699;
    3. protection from intimidation, harassment, and retaliation;
    4. assistance in applying for compensation from the Victim Compensation Fund;
    5. referrals to counseling, medical treatment, and other support services.
  2. The Victim Compensation Fund shall provide financial compensation to victims of organized crime for:
    1. medical expenses resulting from injuries;
    2. lost wages and loss of earning capacity;
    3. funeral and burial expenses for homicide victims;
    4. psychological counseling and therapy;
    5. property loss or damage not otherwise recovered.

Article 26: Protection from retaliation.

  1. Article 25 of the Federal Crimes Act, 1699 (intimidation) is amended to add enhanced penalties when intimidation is committed:
    1. to retaliate against or prevent testimony in a prosecution under Part XIX of the Federal Criminal Code; or
    2. by a member or associate of a criminal enterprise.
  2. Enhanced penalties shall include:
    1. imprisonment for up to 15 years;
    2. a fine of up to NAX€2,000,000;
    3. suspension of qualifications for up to 10 years under Article 13, subsection 5 of the Federal Criminal Punishment Act, 1699.
PART VIII
SPECIAL PROVISIONS FOR GANG ACTIVITY.

Article 27: Criminal street gang offenses.

  1. Any person who:
    1. participates in a criminal street gang;
    2. with knowledge that the gang's members engage in a pattern of criminal gang activity; and
    3. willfully promotes, furthers, or assists any felonious conduct by members of that gang;

shall be punished by imprisonment for up to 10 years under Article 13, subsection 2 of the Federal Criminal Punishment Act, 1699, a fine of up to NAX€1,000,000, or both.

  1. For purposes of this Article:
    1. "Criminal street gang" means any ongoing organization, association, or group of three or more persons having as one of its primary activities the commission of offenses that would constitute racketeering activity under Article 3 of this Act.
    2. "Pattern of criminal gang activity" means the commission of two or more predicate gang offenses on separate occasions within a five-year period.

Article 28: Gang-related sentencing enhancements.

  1. Any person convicted of racketeering activity under the Federal Violent Crimes Act, 1699 or Federal Crimes Act, 1699 shall receive an enhanced sentence under Article 14, subsection 6 of the Federal Criminal Punishment Act, 1699 if the offense was committed for the benefit of, at the direction of, or in association with a criminal street gang.
  2. The enhancement shall consist of:
    1. an additional term of imprisonment of not less than 5 years and not more than 10 years;
    2. an additional fine of not less than NAX€100,000 and not more than NAX€500,000.
PART IX
CLOSING PROVISIONS.

Article 29: Liberal construction.

  1. This Act shall be liberally construed to effectuate its remedial purposes of eliminating organized crime.

Article 30: Relationship to other laws.

  1. Prosecution or punishment under Part XIX of the Federal Criminal Code does not bar prosecution or punishment under any other federal or regional law, provided that:
    1. provisions concerning concurrent crimes in Article 12 of the Federal Criminal Punishment Act, 1699 shall apply;
    2. sentences for multiple offenses arising from the same conduct shall run concurrently unless the court specifically orders consecutive sentences under Article 12 of the Federal Criminal Punishment Act, 1699;
    3. property subject to forfeiture under this Act may also be subject to forfeiture or confiscation under Article 13, subsection 8 of the Federal Criminal Punishment Act, 1699 or other laws, but the same property shall not be forfeited twice.
  2. This Act does not preempt regional laws addressing organized crime.

Article 31: Addition to Federal Criminal Code.

  1. Article 22, subsection 2 of the Federal Criminal Punishment Act, 1699 is amended by adding the following to the list of Acts that are part of the Federal Criminal Code:
    1. "the Organized Crime Control Act, 1750".

Article 32: Commencement and application.

  1. This Bill shall apply to all of the Federation of Nouvelle Alexandrie.
  2. This Bill shall not become law unless it has been given Royal Assent.
  3. This Bill shall be published and made publicly available.
  4. This Act shall take effect 90 days after receiving Royal Assent, except that:
    1. investigative authorities granted under Part VI shall take effect immediately upon Royal Assent;
    2. the Witness Protection Program enhancements shall be established within 180 days after Royal Assent;
    3. prosecutions may be brought for conduct occurring before the effective date if such conduct violated existing criminal law under the Federal Violent Crimes Act, 1699 or Federal Crimes Act, 1699 and would also violate this Act.
  5. The Department of Justice shall promulgate regulations implementing this Act within 180 days of its effective date.
  6. In the event any provision or part of this Bill is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Bill, will be inoperative.


Amendments

Voting Record

Member Region Party Vote Comments
Pending first reading

See also

References