8.158 RICO—USING OR INVESTING INCOME FROM RACKETEERING ACTIVITY (18 U.S.C. § 1962(a))
The defendant is charged in [Count _______ of] the indictment with using or investing income from racketeering activity in violation of Section 1962(a) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:
First, the defendant received income, directly or indirectly, from a pattern of racketeering activity, or through collection of an unlawful debt;
Second, the defendant used or invested, directly or indirectly, any part of that income or the proceeds of such income to [buy an interest or invest in] [establish] [operate] [specify enterprise]; and
Third, [specify enterprise] was engaged in or its activities in some way affected commerce between one state and [an]other state[s], or between the United States and a foreign country.
When the predicate racketeering acts are charged as separate counts in the indictment, use this instruction in combination with Instructions 8.155 (RICO—Racketeering Act–Charged as Separate Count in Indictment) and 8.157 (RICO—Pattern of Racketeering Activity). When the predicate racketeering acts are not charged as separate counts in the indictment, use this instruction in combination with Instructions 8.156 (RICO—Racketeering Act—Not Charged as Separate Count in Indictment) and 8.157 (RICO—Pattern of Racketeering Activity).
The enterprise in which a defendant invests must be an entity distinct from the defendant. Schreiber Distributing Co. v. Serv–Well Furniture Co., 806 F.2d 1393, 1396 (9th Cir.1986).