Case Notes

Under paragraph (3), an "enterprise" must (1) have a common or shared purpose, (2) be an ongoing organization with continuity of structure and personnel, and (3) have an ascertainable structure distinct from that inherent in the conduct of the racketeering activity. 84 H. 56, 929 P.2d 69.

Definition of "associated with" in paragraph (3) includes (1) participation in the operation, management or conduct of the enterprise itself; (2) whether directly or indirectly; and (3) regardless of a stake or interest in the goals of the enterprise. 84 H. 211, 933 P.2d 48.

Section does not implicate First Amendment concerns because it is neither directed at, nor does it regulate or proscribe First Amendment freedoms, i.e., membership in a political organization or certain beliefs held by an individual. 84 H. 211, 933 P.2d 48.

Term "associated with" in paragraph (3) not unconstitutionally vague under Hawaii Constitution. 84 H. 211, 933 P.2d 48.

Section 701-109(1)(d) prohibits conviction under both paragraph (2) and §712-1203, as both paragraph (2) and §712-1203 seek to redress the same conduct -- the control of an enterprise involved in criminal activity. In such case, the specific statute, §712-1203, governs over this section, the general statute. 88 H. 19, 960 P.2d 1227.