Record

Case file

1970-10-27

U.S. Government Publishing Office (govinfo), United States Statutes at Large, vol. 84

Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. 91-513, 84 Stat. 1236

The Act of October 27, 1970 whose Title II is the Controlled Substances Act. Section 408 defines a "continuing criminal enterprise": a series of felony violations undertaken with five or more others whom the offender organizes, supervises or manages, and from which he obtains substantial income.

Date
1970-10-27
Kind
case-file
Retrieved
2026-10-12
Docket
84 Stat. 1236; Pub. L. 91-513 (H.R. 18583)
Rights
An Act of Congress, a federal work in the public domain under 17 U.S.C. § 105.

Public Law 91-513, H.R. 18583, approved October 27, 1970. Section 100 provides that Title II “may be cited as the ‘Controlled Substances Act’.”

Section 408, headed “Continuing criminal enterprise,” provides that a person engaged in one “shall be sentenced to a term of imprisonment which may not be less than 10 years and which may be up to life imprisonment, to a fine of not more than $100,000,” and to forfeiture of the profits obtained and of any interest in the enterprise. A person is so engaged if he commits a felony violation of the title that is part of a continuing series of violations “(A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and (B) from which such person obtains substantial income or resources.” Sentences under the section may not be suspended, and probation may not be granted.

The Second Circuit’s Casamento opinion records convictions of Gaetano Badalamenti and others for engaging in a continuing criminal enterprise, an offense the opinion discusses under 21 U.S.C. § 848. The racketeering statute, RICO, is in a separate Act and is not part of this record. The extract stored by this archive holds the table of contents and sections 100, 101 and 408.