RICO Defense

Understanding RICO Defense

The Racketeer Influenced and Corrupt Organizations Act (RICO), codified at 18 U.S.C. Sections 1961-1968, is one of the most powerful tools in the federal prosecutor’s arsenal. Originally enacted to combat organized crime, RICO is now used to prosecute a wide range of alleged criminal enterprises, including drug trafficking organizations, white collar fraud schemes, public corruption, gang activity, and corporate misconduct. A RICO conviction carries up to 20 years per count, mandatory forfeiture, and the potential for treble damages in civil RICO actions.

Elements of a RICO Offense

To prove a RICO violation, the government must establish the existence of an enterprise, a pattern of racketeering activity (at least two predicate acts within ten years), the defendant’s association with or conduct of the enterprise through that pattern, and the effect on interstate commerce. The predicate acts can include a wide range of state and federal offenses, including murder, robbery, extortion, drug trafficking, fraud, bribery, and money laundering. The breadth of RICO makes it an extremely versatile charging tool.

RICO Conspiracy

RICO conspiracy under Section 1962(d) is even easier for the government to prove than substantive RICO. The government need only show that the defendant agreed to the commission of at least two predicate acts, not that the defendant actually committed any acts. This makes RICO conspiracy a particularly dangerous charge, as even peripheral participants in an alleged enterprise can face decades in prison.

Defending RICO Cases

RICO defense requires challenging the government’s theory at multiple levels. Our attorneys attack the existence and scope of the alleged enterprise, dispute the pattern of racketeering activity, challenge the defendant’s connection to the enterprise, and contest the predicate acts themselves. RICO cases are typically complex, multi-defendant prosecutions involving extensive discovery and lengthy trials. Our firm has the resources and expertise to handle these demanding cases.

The consequences of a RICO conviction are among the most severe in federal law. In addition to lengthy imprisonment, defendants face mandatory forfeiture of all interests in the enterprise and all proceeds of the racketeering activity. RICO also authorizes civil lawsuits by victims seeking treble damages. If you are facing RICO charges, you need an attorney who understands the complexity and stakes of these cases.

Defense Strategies We Use

Frequently Asked Questions