Although originally used to help bring down members of the Mafia, prosecutors continue to use the Racketeer Influenced and Corrupt Organizations Act (RICO) as a powerful tool in the fight against organized crime. Prosecutors can add this charge on if they believe an individual’s criminal activity was tied to a bigger conspiracy. Those who face RICO charges are wise to understand how the prosecution builds their case and possible penalties.
#1: Elements of RICO
When building their case, the prosecution will gather evidence to establish the following:
- The existence of an enterprise. This is relatively broad and can include everything from a formal corporation to a group of individuals. This can include allegations tied to gang activity.
- The enterprise impacts interstate commerce.
- That the accused was associated with the enterprise.
- That the accused engaged in racketeering activity.
- That the accused committed at least two acts of racketeering for the enterprise. These acts must occur within ten years of each other and establish a pattern of criminal activity.
The Department of Justice further clarifies that the prosecution does not need to establish that the accused individual knew everyone else involved with the organization or even the full details of the conspiracy. They need to show that the accused agreed to commit a racketeering offense through two racketeering acts, knew the “general status” of the conspiracy, and knew that the conspiracy extended beyond the role of the accused.
#2: Possible penalties
If convicted, penalties can include decades of imprisonment and significant fines in the hundreds of thousands per conviction. The government can also seize property, businesses, and other assets linked to the criminal enterprise. Beyond the primary penalties, a RICO conviction can lead to further consequences including the loss of professional licensure, civil lawsuits, and reputational damage.
RICO charges carry severe penalties and are often only a part of a larger case. Those who face RICO charges likely face additional criminal charges potentially including murder, kidnaping, arson, and/or drug crimes. As such, it is wise to take the matter seriously and begin building a defense to counter the allegations.
