Promotion of Gambling Felony In Arizona
In Arizona, promotion of gambling is a class 5 felony and may constitute a predicate act under our racketeering statute. See A.R.S. 13-702(D), -2301(D)(4)(b)(vii), -3303.
Promotion of gambling occurs when a person knowingly "conducts, organizes, manages, directs, supervises, or finances gambling" or "furnishes advice or assistance for the conduct, organization, management, direction, supervision, or financing of gambling" for a benefit. A.R.S. 13-3303(A)(1)-(2).
Promotion of gambling does not, however, include amusement, regulated or social gambling. Id. at 13-3303(A).
"Racketeering," in pertinent part, is defined as any act or preparatory act committed for financial gain, chargeable or indictable under the law where the act occurred and punishable by more than a year's imprisonment. A.R.S. 13-2301(D)(4)(b).
The racketeering provision specifically includes gambling,money laundering, extortionate extensions of credit and participation in a criminal syndicate. A.R.S. 13-2301(D)(4)(b)(vii), (viii), (xiii), (xxvi); -2314.04(T)(3)(b).
a "pattern of racketeering activity" means that there must be at least two related and continuous acts of racketeering. A.R.S. 13-2314.04(T)(3); Lifeflite Med. Air Transp., Inc. v. Native Am. Air Servs., Inc., 198 Ariz. 149, 152,12, 7 P.3d 158, 161 (App. 2000).
A person injured by a 13-2312 pattern of racketeering violation can also seek relief under 13-2314(A) from individuals allegedly conducting an illegal enterprise through racketeering. See State ex rel. Corbin v. Pickrell, 136 Ariz. 589, 595, 667 P.2d 1304, 1310 (1983), superseded on other grounds by A.R.S. 13-2314.04; see also Lifeflite Med. Air Transp., Inc., 198 Ariz. at 152,12, 7 P.3d at 161 (recognizing that state statute now requires a pattern of racketeering).