United States v. Sam C. Martino, Joseph C. Russello and Rolando Gonzalez Rodriguez

JAMES C. HILL, Circuit Judge:

We granted rehearing en banc in this case to decide whether the term “interest” as used in 18 U.S.C. § 1963(a)(1), the crimi*953nal forfeiture provision of the Racketeer Influenced and Corrupt Organizations statute (RICO), 18 U.S.C. §§ 1961-1968,1 includes income or profits derived from a pattern of racketeering activity. Specifically at issue in this case is the forfeitability of insurance proceeds obtained through the conduct of an arson ring. The district court resolved this question of statutory construction in the government’s favor. On appeal a panel of this…