Guam § 67 - Continuing Criminal Enterprise.

§ 67. Continuing Criminal Enterprise.

(a) It shall be unlawful for any person knowingly or intentionally to engage in a continuing criminal

enterprise relative to a controlled substance. A person is engaged in a continuing enterprise relative to a

controlled substance if:

(1) he commits an offense under any provision of this Act and the offense is a felony; and

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(2) such offense is part of a continuing series of offenses pursuant to this Act:

(A) which are undertaken by such person in concert with two (2) 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 persons obtain substantial income or resources.

(b) Any person convicted of engaging in a continuing criminal enterprise in violation of Subsection

(a) shall be sentenced to a term of imprisonment which shall not be less than twenty (20) years and which

may be up to life imprisonment, to a fine of not more than Five Hundred Thousand Dollars ($500,000.00)

and to the forfeiture described in § 67.409(c), except that if any person engages in such activity after one

(1) or more prior convictions of him under this Section have become final, he shall be sentenced to a term

of imprisonment which shall not be less than thirty (30) years and which may be up to life imprisonment,

to a fine of not more than One Million Dollars ($1,000,000) and to the forfeiture prescribed in § 67.409(c).

(c) Any person who is convicted of engaging in a continuing criminal enterprise relative to a controlled

substance shall forfeit to the government of Guam:

(1) the profits obtained by him in such enterprise; and

(2) any of his interest in, claims against or property or contractual rights of any kind affording a

source of influence over such enterprise.

(d) In the case of any sentence imposed under this Section, imposition or execution of such sentence

shall not be suspended and probation shall not be granted. Parole or work release shall not be granted to the

offender until the offender has served at least fifteen (15) years of his sentence of imprisonment.

(e) The Superior Court of Guam shall have jurisdiction to enter such restraining orders or prohibitions

or to take such other actions, including the acceptance of satisfactory performance bonds in connection with

any property or other interest subject to forfeiture under this Section as it shall deem proper.

NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers and/or letters were altered to adhere to the

Compiler’s alpha-numeric scheme.