Continuing criminal enterprise

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  • (a)

    • (1) Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 10 years and which may be up to life imprisonment, to a fine of not more than $100,000, and to the forfeiture prescribed in paragraph (2); except that if any person engages in such activity after one or more prior convictions of him under this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 20 years and which may be up to life imprisonment, to a fine of not more than $200,000, and to the forfeiture prescribed in paragraph (2).

    • (2) Any person who is convicted under paragraph (1) of engaging in a continuing criminal enterprise shall forfeit to the Government of the Virgin Islands—

      • (A) the profits obtained by him in such enterprise, and

      • (B) any of his interest in, claim against, or property or contractual rights of any kind affording a source of influence over, such enterprise.

  • (b) For purposes of subsection (a), a person is engaged in a continuing criminal enterprise if—

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

    • (2) such violation is a part of a continuing series of violations 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.

  • (c) In the case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended, and probation shall not be granted.

  • (d) The District Court of the Virgin Islands shall have jurisdiction to enter such restraining orders or prohibitions, or to take such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to forfeiture under this section, as they shall deem proper.


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