The elements of the definition, I think, are relatively simple and relatively clear, but the practice in the courts, as these cases have been presented, has been to require a fairly large mass of evidence that an organization that fits this definition exists and is ongoing, that the criminal activity that is the subject of the charge before the court has been committed in connection with that criminal organization.
It's not so much a matter of any particular part of the definition that's the problem, it's the evidentiary burden that prosecutors have faced in satisfying a court that the criminal organization charge, which triggers a fairly significant additional penalty, has been proven.