This act [30-42-1 to 30-42-6 NMSA 1978] may be cited as the “Racketeering Act”. History: Laws 1980, ch. 40, § 1. ANNOTATIONS Law reviews. — For note, “Criminal Procedure – New Mexico Denies Fifth Amendment Protection to Corporations: John Doe and Five Unnamed Corporations v. State ex rel. Governor’s Organized Crime Prevention Commission,” see 23 […]
The purpose of the Racketeering Act is to eliminate the infiltration and illegal acquisition of legitimate economic enterprise by racketeering practices and the use of legal and illegal enterprises to further criminal activities. History: Laws 1980, ch. 40, § 2.
As used in the Racketeering Act: A. “racketeering” means any act that is chargeable or indictable under the laws of New Mexico and punishable by imprisonment for more than one year, involving any of the following cited offenses: (1) murder, as provided in Section 30-2-1 NMSA 1978; (2) robbery, as provided in Section 30-16-2 NMSA […]
A. It is unlawful for a person who has received proceeds derived, directly or indirectly, from a pattern of racketeering activity in which the person has participated, to use or invest, directly or indirectly, any part of the proceeds or the proceeds derived from the investment or use in the acquisition of an interest in, […]
The attorney general and the district attorneys of New Mexico shall each have authority to enforce the criminal provisions of the Racketeering Act by initiating investigations, assisting grand juries, obtaining indictments, filing informations and complaints and prosecuting criminal cases. History: Laws 1980, ch. 40, § 5.
A. A person who sustains injury to his person, business or property by a pattern of racketeering activity may file an action in the district court for the recovery of three times the actual damages proved and the costs of the suit, including reasonable attorney’s fees. B. The state may file an action on behalf […]
