946.79(1)(f)5. 5. The movement of funds by wire transfer or any other electronic means.

946.79(2) (2) Whoever knowingly does any of the following in connection with the submission of financial transaction information is guilty of a Class H felony:

946.79(2)(a) (a) Falsifies or conceals or attempts to falsify or conceal an individual’s identity.

946.79(2)(b) (b) Makes a false statement regarding an individual’s identity.

946.79(2)(c) (c) Makes or uses a writing containing false information regarding an individual’s identity.

946.79(2)(d) (d) Uses a false personal identification document or false personal identifying information.

946.79 History History: 2003 a. 36; 2007 a. 196; 2019 a. 161; 2021 a. 240 s. 30; 2023 a. 267.

subch. VI of ch. 946 SUBCHAPTER VI

RACKETEERING ACTIVITY AND CONTINUING CRIMINAL ENTERPRISE

946.80 946.80 Short title. Sections 946.80 to 946.88 may be cited as the Wisconsin Organized Crime Control Act.

946.80 History History: 1981 c. 280; 1989 a. 121.

946.80 Annotation RICO & WOCCA. Gegios & Jervis. Wis. Law. Apr. 1990.

946.81 946.81 Intent. The legislature finds that a severe problem is posed in this state by the increasing organization among certain criminal elements and the increasing extent to which criminal activities and funds acquired as a result of criminal activity are being directed to and against the legitimate economy of the state. The legislature declares that the intent of the Wisconsin Organized Crime Control Act is to impose sanctions against this subversion of the economy by organized criminal elements and to provide compensation to private persons injured thereby. It is not the intent of the legislature that isolated incidents of misdemeanor conduct be prosecuted under this act, but only an interrelated pattern of criminal activity the motive or effect of which is to derive pecuniary gain.

946.81 History History: 1981 c. 280.

946.81 Annotation If a party violating this section could defend its actions using the voluntary payment rule, then the broad, remedial purpose of this section would be undermined. MBS-Certified Public Accountants, LLC v. Wisconsin Bell Inc., 2013 WI App 14, 346 Wis. 2d 173, 828 N.W.2d 575, 08-1830.

946.82 946.82 Definitions. In ss. 946.80 to 946.88:

946.82(1) (1) “Commission of a crime” means being concerned in the commission of a crime under s. 939.05.

946.82(2) (2) “Enterprise” means any sole proprietorship, partnership, limited liability company, corporation, business trust, union organized under the laws of this state or other legal entity or any union not organized under the laws of this state, association or group of individuals associated in fact although not a legal entity. “Enterprise” includes illicit and licit enterprises and governmental and other entities.

946.82(3) (3) “Pattern of racketeering activity” means engaging in at least 3 incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing characteristics, provided at least one of the incidents occurred after April 27, 1982 and that the last of the incidents occurred within 7 years after the first incident of racketeering activity. Acts occurring at the same time and place which may form the basis for crimes punishable under more than one statutory provision may count for only one incident of racketeering activity.

946.82(4) (4) “Racketeering activity” means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49, 134.05, 139.44 (1), (2m), and (8), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.302 (2), 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e), 943.201, 943.203, 943.23 (2) and (3), 943.231 (1), 943.24 (2), 943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (bf), (bm), and (c) and (4m), 943.60, 943.70, 943.76, 943.81, 943.82, 943.825, 943.83, 943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e), 944.32, 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 946.79, 947.015, 948.05, 948.051, 948.08, 948.12, 948.125, and 948.30.

946.82 Note NOTE: Sub. (4) is shown as amended by 2023 Wis. Acts 73, 128, and 224 and as merged by the legislative reference bureau under s. 13.92 (2) (i).

946.82 History History: 1981 c. 280; 1983 a. 438; 1985 a. 104; 1985 a. 236 s. 15; 1987 a. 266 s. 5; 1987 a. 332, 348, 349, 403; 1989 a. 121, 303; 1991 a. 32, 39, 189; 1993 a. 50, 92, 94, 112, 280, 441, 491; 1995 a. 133, 249, 336, 448; 1997 a. 35, 79, 101, 140, 143, 252; 1999 a. 9, 150; 2001 a. 16, 105, 109; 2003 a. 36, 321; 2005 a. 212; 2007 a. 116, 196; 2009 a. 180; 2011 a. 174; 2013 a. 362; 2023 a. 10, 73, 128, 224; s. 13.92 (2) (i).

946.82 Annotation The definition of “pattern of racketeering” is not unconstitutionally vague. Discussing the definition of “enterprise.” State v. O’Connell, 179 Wis. 2d 598, 508 N.W.2d 23 (Ct. App. 1993).

946.82 Annotation Repeated use of illegally copied computer software did not constitute a pattern of racketeering. Management Computer Services, Inc. v. Hawkins, Ash, Baptie & Co., 196 Wis. 2d 578, 539 N.W.2d 111 (Ct. App. 1995), 93-0140.

946.82 Annotation The Wisconsin Organized Crime Control Act does not require proof of intent or knowledge beyond that required for the underlying predicate offense. State v. Mueller, 201 Wis. 2d 121, 549 N.W.2d 455 (Ct. App. 1996), 93-3227.

946.82 Annotation The analysis for a “pattern of racketeering activity” under the Wisconsin Organized Crime Control Act is the same as under the federal Racketeer Influenced and Corrupt Organizations Act. Brunswick Corp. v. E.A. Doyle Manufacturing Co., 770 F. Supp. 1351 (1991).

946.83 946.83 Prohibited activities.

946.83(1) (1) No person who has received any proceeds with knowledge that they were derived, directly or indirectly, from a pattern of racketeering activity may use or invest, whether directly or indirectly, any part of the proceeds or the proceeds derived from the investment or use thereof in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.

946.83(2) (2) No person, through a pattern of racketeering activity, may acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.