Council of the Cherokee Nation - File #: 21-049

• File #: 21-049
• Version: 1
• Name: TITLE 22 AMENDMENT TO ESTABLISH RICO
• Type: Legislative Act
• Status: Passed
• File created: 5/13/2021
• In control: TRIBAL COUNCIL
• On agenda: 5/27/2021
• Final action: 6/18/2021
• Enactment date: 6/14/2021
• Enactment #: LA-30-21
• Title: AN ACT AMENDING TITLE 22 OF THE CHEROKEE NATION CODE ANNOTATED AND DECLARING AN EMERGENCY
• Sponsors: Janees Taylor, Canaan Duncan , Daryl Legg, E. O. "JR." Smith, Joe Deere, Rex Jordan, Mike Shambaugh
• Indexes: Racketeer-Influenced and Corrupt Organizations (RICO)
• Code sections: Title 22 - Criminal Procedure
• Related files: 18-026, 20-082, 21-008

Date	Ver.	Action By	Action	Result
6/18/2021	1	OFFICE OF THE CHIEF	Signed
6/14/2021	1	TRIBAL COUNCIL	Approved	Pass
5/27/2021	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass

Title
AN ACT AMENDING TITLE 22 OF THE CHEROKEE NATION CODE ANNOTATED AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act amends Title 22 of the Cherokee Nation Code Annotated and shall be codified at Title 22, Chapter 26 of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Act is to establish the Cherokee Nation Racketeer-Influenced and Corrupt Organizations Act, to inhibit criminal enterprises operating within the Cherokee Nation.

Section 3. Legislative History

LA-10-90 LA-04-91
LA-24-02
LA-33-03
LA-28-06
LA-31-06
LA-12-18
LA-29-20
LA-08-21


Section 4. Amendments

Title 22, Chapter 26 shall be established as follows:

CHAPTER 26
RICO
? 1401. Short title
Sections 1401 through 1419 of this title shall be known and may be cited as the "Cherokee Nation Racketeer-Influenced and Corrupt Organizations Act".
? 1402. Definitions
As used in the Cherokee Nation Racketeer-Influenced and Corrupt Organizations Act:
A. "Beneficial interest" includes:
1. the interest of a person as a beneficiary pursuant to a trust, in which the trustee holds legal title to personal or real property, or
2. the interest of a person as a beneficiary pursuant to any other arrangement under which any other person holds legal title to personal or real property for the benefit of such person.
B. The term beneficial interest does not include the interest of a stockholder in a corporation or the interest of a partner in either a general or limited partnership;
C. "Enterprise" includes any individual, sole proprietorship, partnership, corporation, trust, governmental entity, or other legal entity, or any union, association, unincorporated association or group of persons, associated in fact although not a legal entity, involved in any lawful or unlawful project or undertaking or any foreign organization that the United States Secretary of State has designated a foreign terrorist organization pursua...