Passed in 1970, the Racketeer Influenced and Corrupt Organization (RICO) Act aimed to take down organized crime organizations. … However, now prosecutors do not just use RICO in mob prosecutions but have also utilized the law to prosecute everything, from street gangs to politicians.
What is the RICO act designed to do?
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.
What is the RICO Act and how does it work?
Passed in 1970, the Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law designed to combat organized crime in the United States. It allows prosecution and civil penalties for racketeering activity performed as part of an ongoing criminal enterprise.
What does the RICO Act prevent?
Specifically, Section 1962 of RICO prohibits “any person” from: (a) using income received from a pattern of racketeering activity or from the collection of an unlawful debt to acquire an interest in an enterprise affecting interstate commerce; (b) acquiring or maintaining through a pattern of racketeering activity or …
What are the 35 crimes a person can be charged with under the RICO Act?
To violate RICO, a person must engage in a pattern of racketeering activity connected to an enterprise. The law defines 35 offenses as constituting racketeering, including gambling, murder, kidnapping, arson, drug dealing, bribery. Significantly, mail and wire fraud are included on the list.
How much time can you get for the RICO Act?
As a maximum penalty, those convicted of a RICO-related crime can face up to 20 years of imprisonment and a fine of $250,000. However, one may be sentenced to life in prison if the charge is directly related to a racketeering activity with a penalty of life imprisonment, such as drug trafficking or homicide.
How serious is a RICO charge?
The RICO Act is a powerful and complex federal statute and RICO indictments brought by the government can result in serious criminal consequences, possibly including a lengthy prison sentence, significant fines and forfeiture of the defendant’s assets and property, as well as civil lawsuits filed by any individuals who …
What is a RICO violation?
A violation of RICO occurs when a person, in connection with an enterprise, engages in a pattern of racketeering activity. Racketeering activity includes: Arson. Bribery. Counterfeiting.
Can you beat a RICO charge?
In order to beat a RICO charge, you will need an attorney who can challenge the prosecution’s evidence enough to bring any of the elements above into question. At The Wiseman Law Firm, we will work diligently to either get your charges reduced or your case dismissed entirely.
Why is RICO law important?
Congress enacted the RICO Act to fight criminal organizations or people conspiring to commit illegal activities as a group. Not only does it allow police to bring criminal charges against the conspirators, but it also makes it simpler for any injured parties to file a civil lawsuit.
What states have RICO laws?
Pennsylvania, Hawaii, Arizona, Florida, Rhode Island, Georgia, and Indiana have enacted RICO statutes, while such laws are pending in New Jersey, California, and Massachusetts. A wide variety of offenses are set forth under both the Federal and State definitions of racketeering activity.
What is an example of racketeering?
What are examples of racketeering? Racketeering can take many forms. Murder, money laundering, financial and economic crimes, kidnapping, sexual exploitation of children, bribery, robbery, cyber extortion, and drug crimes are examples of racketeering.
What are the levels of organized crime?
- 2.1 Violence. 2.1.1 Assault. 2.1.2 Murder. …
- 2.2 Financial crime. 2.2.1 Counterfeiting. 2.2.2 Tax evasion.
- 2.3 Cybercrime. 2.3.1 Internet fraud. 2.3.2 Copyright infringement. …
- 2.4 White-collar crime and corruption. 2.4.1 Corporate crime. 2.4.2 Labor racketeering. …
- 2.5 Drug trafficking.
- 2.6 Human trafficking. 2.6.1 Sex trafficking.
What is the minimum sentence for racketeering?
A defendant with no prior significant record who was assigned the minimum level (nineteen) would receive a sentence of thirty (30) to thirty seven (37) months in prison. This is the minimum.
What is a pattern of racketeering activity?
“Pattern of racketeering activity” means engaging in at least two incidents of racketeering activity that (1) have the same or similar purposes, results, participants, victims, or methods of commission or otherwise are interrelated by distinguished characteristics; (2) are not isolated incidents; (3) include at least …
Can you be charged with RICO twice?
Punishment for Racketeering
The court can also impose a fine of up to twice the defendant’s illegal profits.