18.12 RICO—Racketeering Act—Charged as Separate Count in Indictment (18 U.S.C. § 1961(1))

          The crimes of [specify crimes charged] charged in [Count _______ of] the indictment are racketeering acts.  If you find the defendant guilty of [at least two of] the crimes charged in Counts _______ you must then decide whether those counts formed a pattern of racketeering activity. 

            All of you must agree on the same two crimes which form a pattern of racketeering activity. 

Comment 

            Unanimity as to the crimes forming a pattern of racketeering activity is appropriate under the reasoning of Richardson v. United States, 526 U.S. 813, 815 (1999) (explaining that in continuing criminal enterprise prosecution, there must be unanimity as to specific violations that make up the "continuing series of violations").  See also Instruction 6.27 (Specific Issue Unanimity).