We often associate RICO with the mafia. After all, when it was enacted, its primary target was mob bosses who would oversee the group’s illegal activity without actively participating.
However, it’s often used to go after business people and politicians. If you are facing charges of violating the RICO act, what’s at stake and what does the prosecution need to prove?
What is RICO?
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a federal law enacted in 1970 to combat organized crime. It closed a loophole that allowed syndicate leaders to be exempt from prosecution for the crimes they ordered others to commit. RICO is often used to prosecute individuals or organizations involved in ongoing criminal enterprises, such as drug trafficking, money laundering, and other forms of organized crime.
Depending on the scope and severity of the crime, a convicted individual can face life imprisonment, significant fines and forfeiture of any proceeds gained from the illegal activity.
Securing a RICO conviction isn’t easy. The prosecutor needs to prove the following:
- An enterprise needs to exist. This broad term can encompass corporations, partnerships and even informal associations. The enterprise must be an ongoing organization with a structured framework and common purpose.
- The defendant must be shown to have been associated with the enterprise. The individual must have had a role within the organization and contributed to furthering its criminal objectives.
- The organization must have commissioned at least two of the criminal offenses within the last ten years.
- Simply committing two acts isn’t enough. The prosecution must establish a pattern of racketeering activity. This can be demonstrated through continuous, related acts to show the two weren’t isolated events but part of a larger scheme.
- Last, the criminal activity must impact interstate or foreign commerce. This serves to emphasize the broader implications of the criminal acts.
If the prosecution fails to prove even one of these elements, the defendant can’t be convicted for violating the RICO Act. Working with someone who can build a strong defense strategy to counteract the prosecution’s charges is crucial.