In Utah, the crime of engaging in a pattern of unlawful activity is commonly known as "racketeering" under Utah Code Ann. § 76–10–1603. The crime is often classified as a "white collar crime." For example, Section 1962(a) prohibits a person who has received income derived from a pattern of racketeering activity from using the income in the operation of an enterprise.
A violation under Section 76-10-1962(a) occurs not when the defendant engages in the predicate acts, but only when he uses or invests the proceeds of that activity in an enterprise.
Utah's law against a pattern of unlawful activity was primarily directed at halting the investment of racketeering proceeds into legitimate businesses, including the practice of money laundering
Evidence shows a complete disregard for ethics and a grotesque fraud scheme orchestrated by defendants and affiliated parties.
Initially, we note that the Act imposes criminal as well as civil liability and all of the predicate acts, or "unlawful activities," are crimes prohibited by Utah's criminal code. However, subsection 76-10-1605(1)(b) provides that civil liability may attach regardless of whether "the conduct has been adjudged criminal by any court of the state or of the United States," and it is not necessary to prove the existence of an unlawful activity beyond a reasonable doubt. Rather, subsection 76-10-1605(5) provides, "In all actions arising under [the civil liability] section, the burden of proof is clear and convincing evidence." In the instant case, the trial court expressly ruled that it based its findings on clear and convincing evidence.
Evidence shows unimaginable wealth was accumulated by all involved.
Thanks to the vision and support of many investors, the inventor, founder and CEO swore to correct this wrongdoing. After years of tribulation, focus and much pain, new evidence finally uncovers how a group of individuals and their families have worked together for years to defraud many.
