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Crimes are predicate to a larger crime if they have a similar purpose to the larger crime. For example, using false identification is itself a crime; it may be a predicate offense to larceny or fraud if it is used to withdraw money from a bank account. Predicate crimes can be charged separately or together with the larger crime. [4]
Several statutes, mostly codified in Title 18 of the United States Code, provide for federal prosecution of public corruption in the United States.Federal prosecutions of public corruption under the Hobbs Act (enacted 1934), the mail and wire fraud statutes (enacted 1872), including the honest services fraud provision, the Travel Act (enacted 1961), and the Racketeer Influenced and Corrupt ...
The illegal acts forming a pattern are called "predicate" offenses. [14] Predicate acts are related if they "have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events."
The Voluntary Act Requirement (VAR) is a predicate that prevents those convicted from being punished for involuntary conduct that may be linked to crime. [12] Accordingly, justifying a conviction requires an action to be (a) willingly taken, (b) necessary for a crime's occurrence, and (c) able to be attributed beyond doubt to voluntary efforts ...
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For offences committed over a period of time, which is typically the case where an acquisitive fraud has been committed, then the relevant date is the start date of the offence. [8] Legislation has now been passed by Parliament which would allow the magistrates' court to deal with confiscation cases which have a value of up to £10,000. [9]
An affirmative act "in any manner" is sufficient to satisfy the third element of the offense. That is, an act which would otherwise be perfectly legal (such as moving funds from one bank account to another) could be grounds for a tax evasion conviction (possibly an attempt to evade payment ), provided the other two elements are also met.
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