racketeering in which it has participated as a principal, can invest that income in its own operations." Commonwealth of Pennsylvania v. Derry Construction Co., 617 F. Supp. 940, 943 (W.D.Pa.1985).
Two cases support my conclusion that a defendant who receives ill-gotten profits and then invests them in its own enterprise can be charged with violation of § 1962(a). See Derry, 617 F. Supp. at 943; United States v. Yonan, 622 F. Supp. 721, 728 (N.D.Ill.1985) ("Certainly Congress could rationally have decided an individual who engages in a 'pattern of racketeering activity' and puts his or her ill-gotten gains to work in his or her interstate-commerce-affecting business . . . should be criminally responsible under federal law, while the same person who puts the same dollars into flashy sportscars should not."). But see United States v. Computer Sciences Corp., 689 F.2d 1181, (4th Cir.1982), cert. denied, 459 U.S. 1105, 103 S. Ct. 729, 74 L. Ed. 2d 953 (1983) (speaking broadly and not discussing any potential distinguishing features among the language of the subsections, the court concludes that the "enterprise" and the "person" must be distinct entities throughout RICO).
Moreover, this statutory interpretation effects "one of the Congressional purposes in enacting RICO [namely] to prevent the takeover of legitimate businesses by criminals and corrupt organizations." Hirsch, 751 F.2d at 633-34 (citations omitted). See also Haroco Inc. v. American National Bank & Trust Company of Chicago, 747 F.2d 384, 402 (7th Cir.1984), aff'd per curiam, 473 U.S. 606, 105 S. Ct. 3291, 87 L. Ed. 2d 437 (1985) (dicta):
As we parse subsection (a), a 'person' (such as a corporation-enterprise) acts unlawfully if it receives income derived directly or indirectly from a pattern of racketeering activity in which the person has participated as a principal within the meaning of 18 U.S.C. § 2, and if the person uses the income in the establishment or operation of an enterprise affecting commerce. Subsection (a) does not contain any of the language in subsection (c) which suggests that the liable person and the enterprise must be separate. (emphasis in original).