Current as of: 2010 (720 ILCS 5/16H-55) (720 ILCS 5/16H-55) (720 ILCS 5/16H-55) (Section scheduled to be repealed on July 1, 2011) (Section scheduled to be repealed on July 1, 2011) (Section scheduled to be repealed on July 1, 2011) (Text of Section before amendment by P.A. 96-1532 (Text of Section before amendment by P.A. 96-1532 (Text of Section before amendment by P.A. 96-1532 ) ) ) Sec. 16H-55. Sec. 16H-55. Sec. 16H-55. Organizer of a continuing financial crimes enterprise. Organizer of a continuing financial crimes enterprise. Organizer of a continuing financial crimes enterprise. (a) A person commits the offense of being an organizer of a continuing financial crimes enterprise when the person: (a) A person commits the offense of being an organizer of a continuing financial crimes enterprise when the person: (a) A person commits the offense of being an organizer of a continuing financial crimes enterprise when the person: (1) with the intent to commit an offense under this (1) with the intent to commit an offense under this (1) with the intent to commit an offense under this Article, or, if involving a financial institution, any other felony offense established under this Code, agrees with another person to the commission of that offense on 3 or more separate occasions within an 18 month period, and Article, or, if involving a financial institution, any other felony offense established under this Code, agrees with another person to the commission of that offense on 3 or more separate occasions within an 18 month period, and Article, or, if involving a financial institution, any other felony offense established under this Code, agrees with another person to the commission of that offense on 3 or more separate occasions within an 18 month period, and (2) with respect to the other persons within the (2) with respect to the other persons within the (2) with respect to the other persons within the conspiracy, occupies a position of organizer, supervisor, or financier or other position of management. conspiracy, occupies a position of organizer, supervisor, or financier or other position of management. conspiracy, occupies a position of organizer, supervisor, or financier or other position of management. (b) The person with whom the accused agreed to commit the 3 or more offenses under this Article, or, if involving a financial institution, any other felony offenses established under this Code, need not be the same person or persons for each offense, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged offenses. (b) The person with whom the accused agreed to commit the 3 or more offenses under this Article, or, if involving a financial institution, any other felony offenses established under this Code, need not be the same person or persons for each offense, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged offenses. (b) The person with whom the accused agreed to commit the 3 or more offenses under this Article, or, if involving a financial institution, any other felony offenses established under this Code, need not be the same person or persons for each offense, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged offenses. (Source: P.A. 93-440, eff. 8-5-03. Repealed by P.A. 96-1551, eff. 7-1-11.) (Source: P.A. 93-440, eff. 8-5-03. Repealed by P.A. 96-1551, eff. 7-1-11.) (Source: P.A. 93-440, eff. 8-5-03. Repealed by P.A. 96-1551, eff. 7-1-11.) (Text of Section after amendment by P.A. 96-1532 (Text of Section after amendment by P.A. 96-1532 (Text of Section after amendment by P.A. 96-1532 ) ) ) Sec. 16H-55. Sec. 16H-55. Sec. 16H-55. Organizer of a continuing financial crimes enterprise. Organizer of a continuing financial crimes enterprise. Organizer of a continuing financial crimes enterprise. (a) A person commits the offense of being an organizer of a continuing financial crimes enterprise when the person: (a) A person commits the offense of being an organizer of a continuing financial crimes enterprise when the person: (a) A person commits the offense of being an organizer of a continuing financial crimes enterprise when the person: (1) with the intent to commit an offense, agrees with (1) with the intent to commit an offense, agrees with (1) with the intent to commit an offense, agrees with another person to the commission of any combination of the following offenses on 3 or more separate occasions within an 18 month period: another person to the commission of any combination of the following offenses on 3 or more separate occasions within an 18 month period: another person to the commission of any combination of the following offenses on 3 or more separate occasions within an 18 month period: (A) an offense under this Article; (A) an offense under this Article; (A) an offense under this Article; (B) a felony offense in violation of Section (B) a felony offense in violation of Section (B) a felony offense in violation of Section 16A-3 or paragraph (4) or (5) of subsection (a) of Section 16-1 of this Code for the purpose of reselling or otherwise re-entering the merchandise in commerce, including conveying the merchandise to a merchant in exchange for anything of value; or 16A-3 or paragraph (4) or (5) of subsection (a) of Section 16-1 of this Code for the purpose of reselling or otherwise re-entering the merchandise in commerce, including conveying the merchandise to a merchant in exchange for anything of value; or 16A-3 or paragraph (4) or (5) of subsection (a) of Section 16-1 of this Code for the purpose of reselling or otherwise re-entering the merchandise in commerce, including conveying the merchandise to a merchant in exchange for anything of value; or (C) if involving a financial institution, any (C) if involving a financial institution, any (C) if involving a financial institution, any other felony offense established under this Code, and other felony offense established under this Code, and other felony offense established under this Code, and (2) with respect to the other persons within the (2) with respect to the other persons within the (2) with respect to the other persons within the conspiracy, occupies a position of organizer, supervisor, or financier or other position of management. conspiracy, occupies a position of organizer, supervisor, or financier or other position of management. conspiracy, occupies a position of organizer, supervisor, or financier or other position of management. (b) The person with whom the accused agreed to commit the 3 or more offenses under this Article, or, if involving a financial institution, any other felony offenses established under this Code, need not be the same person or persons for each offense, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged offenses. (b) The person with whom the accused agreed to commit the 3 or more offenses under this Article, or, if involving a financial institution, any other felony offenses established under this Code, need not be the same person or persons for each offense, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged offenses. (b) The person with whom the accused agreed to commit the 3 or more offenses under this Article, or, if involving a financial institution, any other felony offenses established under this Code, need not be the same person or persons for each offense, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged offenses. (Source: P.A. 96-1532, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.) (Source: P.A. 96-1532, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.) (Source: P.A. 96-1532, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.) ________________________________________________________________________
Questions & Answers: Criminal LawSee also:U.S. Code Provisions: Criminal Law
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