Continuing Criminal Enterprise- Federal
Section 848(a) of Title 21 of the United States Code provides, in part, that:
Any person who engages in a continuing criminal enterprise shall be …


guilty of an offense against the United States.
Section 848(c) of Title 21 of the United States Code provides, in part, that:
(c) … a person is engaged in a continuing criminal enterprise if

(1) he violates any provision of this subchapter or subchapter II of this chapter the punishment for which is a felony, and

(2) such violation is part of a continuing series of violations of this subchapter or subchapter II of this chapter—

(A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and

(B) from which such person obtains substantial income or resources.

It is sometimes known as the “King Pin” statute because it is “directly aimed at the organizers and leaders of narcotics operations.”
 
The phrase “a continuing series of violations” means three (3) or more violations of the federal narcotics laws which are in some way related to one another.
 
To convict a defendant under the Continuing Criminal Enterprise statute (“CCE”), 21 U.S.C.A. § 848, “the jury must unanimously agree that the same three related predicate offenses occurred
 
The phrase “in concert with five or more other persons” means some type of agreement or joint action, whether direct or indirect, with at least five other persons who were involved in the continuing series of narcotics violations.
The phrase “in concert with five or more other persons” does not require proof from the government that the “five or more other persons” actually had contact with each other, or knew each other, or committed each violation together, or operated together continuously at the same time. The government is not required to prove that the defendant managed, supervised, or organized these five or more persons at the same time.
The government must prove beyond a reasonable doubt, however, that Defendant and at least “five or more other persons” were part of an agreement or joint action to commit the continuing series of violations of the federal narcotics laws alleged in Count of the indictment.
 
the five other persons mentioned in the statute need not be under a defendant's supervision at the same moment nor in the conduct of the same underlying felony. It is enough that they are found to be under the defendant's supervision in the conduct of the same continuing criminal enterprise, as here
 
The term “organizer” and the terms “supervisory position” and “position of management” are to be given their usual and ordinary meanings. These words imply the exercise of power or authority by a person who occupies some position of management or supervision. This person need not be the sole or only organizer, supervisor, or manager of the activities or persons in question.
 
The phrase “obtains substantial income or resources” should also be given its usual and ordinary meaning. The statute requires proof that the income or resources obtained from the activity must be significant, not trivial. It is not limited to profit, but includes gross income or gross receipts.
“Substantial income or resources” may include money and other things of value, such as controlled substances, which are actually received by the defendant.
 
“Resources” can include anything of value and often are the narcotics, or property bought with “drug money.”
 
 
21 848 
 
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