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Summary: RICO is used to prosecute individuals who are involved in a corrupt organization. This is usually in reference to mob or gang activity such as street gangs, gang cartels, corrupt police departments, and politicians.

The federal Racketeering Influenced and Corrupt Organizations, also known as RICO, is a law that was passed in 1970. It was originally created to take down the mob because prior to RICO being enacted, prosecutors were only able to try mob-related crimes individually. This led to it being impossible to shut down the whole organization. Although RICO is not as commonly used in modern times, it is still used to prosecute individuals in corrupt situations.

What is a RICO charge?

If a RICO charge has been brought against someone, it is a pretty serious situation. RICO is used to prosecute individuals who are involved in a corrupt organization. This is usually in reference to mob or gang activity such as street gangs, gang cartels, corrupt police departments, and politicians. RICO allows governments to go after the people who are in charge, but also those who are simply associated with an organization as well. RICO charges require longer sentences as well. However, there are a few different types of RICO charges. Let’s discuss a few.

Criminal RICO

The criminal RICO statute specifically requires a prison term of at least 20 years, as well as severe financial penalties. It also allows prosecutors to attach assets. This means they cannot leave the United States before receiving a judgment.

To violate RICO laws, a person must engage in a pattern of “racketeering” that is connected to an organization. There are 35 defined offenses that are considered as “racketeering”, such as:

Gambling
Murder
Kidnapping
Arson
Drug dealing
Bribery
Mail and wire fraud

These crimes are known as "predicate" offenses, and in order to be charged under RICO, two of these predicate crimes must have been committed within 10 years. It is also required that an enterprise is involved. This might be a crime family, a gang, or a cartel. However, it can also be a corporation or political party. Although racketeering is often thought of as an illegal enterprise, a corporation can definitely qualify.

Civil RICO

RICO threatens very long prison terms for racketeers, but the civil component is the most powerful. Anyone who has been injured due to a RICO charge can bring a civil suit to the courts. Someone who wins a civil RICO suit will receive damages.

However, there are specific requirements in order to file a civil RICO claim. The plaintiff must show the following: criminal activity, pattern of criminal activity, and the statute of limitations. Now, let’s break down each of these requirements.

Criminal activity

In order to bring a civil RICO charge, you must prove that the defendant committed one of the many RICO crimes. This includes mail or wire fraud, but if you bring a claim on a fraud basis, it is a much harder claim to prove.

Pattern of criminal activity

When trying to prove a RICO charge, one crime is not enough. You will need to show at least two different crimes in the last 10 years, and they also need to be related. This might include the same methods, victim, participants, or that it was conducted for over a year.

The statute of limitations

The statute of limitations is the time period in which someone can be tried and convicted for a crime. The Supreme Court held that RICO has a four-year statute of limitations. This begins from the time the victim discovers their damages. In other words, a victim of a RICO crime must press charges within 4 years of the crime affecting them, otherwise they cannot bring the case to court.

Famous examples of RICO cases in the United States

The Mafia Commission Trial (11 Organized Crime Officials, Heads of the Five Families in New York City): Extortion, labor racketeering, and murder for hire resulting in hundreds of years in sentencing
The Gambino Crime Family: Racketeering, wire fraud, money laundering, and obstruction of justice, resulting in multiple life sentences
FIFA Affiliates (Collecting Illegal Bribes): 47 counts of racketeering, wire fraud, money laundering, resulting in more than $40 million in forfeitures
Former Judge Mark Ciavarella: Mail and wire fraud, tax evasion, money laundering, honest services fraud, resulting in 28 years in prison, disbarment, multiple lawsuits, a class-action lawsuit
Scott W. Rothstein’s $1.2 Billion Ponzi Scheme: Racketeering, fraud, conspiracy, resulting in a 50-year prison sentence, millions of dollars in returns
State Senator Len Fasano: Bankruptcy Fraud, resulting in $500,000 in fines

Defending against a RICO case

If you are in a situation of a RICO case being placed against you, then you need to prepare a case effectively. Take this very seriously. Federal prosecutors will go to great lengths to pursue a RICO case.

If you are charged with a RICO case you can expect large forfeitures, decades of jail time, fines, and other professional consequences. Ensure you hire a lawyer to defend you. Your legal team will be able to go after the prosecution’s racketeering claims and find holes in their argument. If the prosecution cannot satisfy the legal definition of racketeering, such as the existence of an enterprise, then they cannot prove you are racketeering.

It is also good to note that RICO does not apply if the prosecution cannot show you committed two acts of racketeering within 10 years.

If you believe you have suffered damages in a RICO case

If you believe that you have been injured or suffered damages due to RICO activity, it is important to act quickly. See if you have a case, and decide if it is worth the effort because RICO cases can become extremely expensive to fight.

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