Set forth what is prohibited by RICO and what must be shown to establish a violation of the Wire and Mail Fraud Acts. Reference in what manner the U.S. Supreme Court has construed the term "fraud" in relation to the Wire and Mail Fraud Acts

Answer 1

RICO prohibits (1) the investment in any enterprise of income derived from racketeering, (2) the acquisition of an interest in an enterprise through a pattern of racketeering activity, (3) participation in an enterprise through a pattern of racketeering activity involving at least two related predicate acts in a ten-year period, and (4) conspiring to engage in any of these activities. Racketeering activity is defied to include various state and federal offenses, specifically including mail and wire fraud and fraud in the sale of securities.
To establish mail fraud or wire fraud, the prosecutor must demonstrate (1) a scheme intended to defraud or to obtain money or property by fraudulent means and (2) the use of the mails or of interstate telephone lines in furtherance of the fraudulent scheme. The term "fraud" has been broadly construed by the U.S. Supreme Court to include everything designed to defraud by representations as to the past or present, or suggestions and promises as to the future.