18 U.S.C. § 1952 – Interstate travel in aid of racketeering

18 U.S. Code § 1952 – Interstate Travel in Aid of Racketeering

18 U.S.C. §1952 is a federal law that makes it illegal to travel between states or countries, or use mail or any type of communication between states, to commit crimes or help others commit crimes.

This law is nicknamed the “Travel Act.” It was passed in 1961 to give federal authorities more power to go after organized crime that operated in multiple states or countries.

What the Law Says

There are three main parts to this law:

1. It is illegal to travel in interstate or foreign commerce, or use mail or any facility in interstate or foreign commerce, with intent to:
   • Distribute proceeds of any unlawful activity
   • Commit unlawful activity
   • Otherwise promote, manage, establish, carry on, or facilitate unlawful activity
2. Unlawful activity includes any business enterprise involving gambling, liquor, narcotics, or prostitution offenses or extortion or bribery in violation of state or federal law
3. Traveling or using mail or interstate facilities with intent to commit murder for hire is also illegal under this law

So in simple terms, it is illegal to cross state lines or national borders to commit crimes or help with crimes. This includes crimes like drug trafficking, gambling, prostitution, and extortion.

Real World Examples

Here are some examples of how this law has been used:

• A drug dealer in Miami regularly drives to Atlanta to pick up cocaine and bring it back to sell in Miami. He is violating the Travel Act by crossing state lines to distribute illegal drugs.
• A prostitution ring operates brothels in several states. The owner travels between the states to collect money and oversee operations. She is violating the Travel Act by traveling interstate to facilitate prostitution.
• A gambling operator runs an illegal sports betting operation. He uses the mail to send and receive bets from clients in other states. This violates the Travel Act because he uses interstate mail to facilitate illegal gambling.

So even if the actual crime happens totally within one state, crossing borders or using interstate facilities to help commit it or promote it is illegal under this law.

Punishment and Penalties

Violating the Travel Act can lead to:

• Up to 5 years in federal prison
• Fines up to $250,000 for individuals or $500,000 for organizations
• Probation up to 3 years

Penalties may be increased if:

• Violence, physical force, or weapons were involved
• The defendant has prior felony convictions
• A minor was involved (under age 18)
• Someone was killed or seriously injured

Famous Cases

Here are some famous examples of the Travel Act being used in high-profile prosecutions:

• Jack Abramoff – In 2006, lobbyist Jack Abramoff pleaded guilty to conspiracy, mail fraud, and tax evasion, including violations of the Travel Act related to his work lobbying for Indian casino gambling interests. He crossed state lines and used interstate mail as part of his criminal activities.
• FIFA Officials – In 2015, several top officials of FIFA, the international soccer organization, were indicted for racketeering conspiracy, wire fraud, and money laundering, including violations of the Travel Act related to accepting bribes.
• Paul Manafort and Rick Gates – In 2017, former Trump campaign chairman Paul Manafort and aide Rick Gates were charged with violating the Travel Act by traveling overseas and using offshore accounts to hide payments for illegal lobbying work on behalf of pro-Russian politicians in Ukraine.

The Travel Act allows federal prosecutors to go after crimes that cross state or national borders, even if the law being broken is a state law rather than federal.

Legal Defenses

There are a few legal defenses that can potentially beat Travel Act charges:

• No “unlawful activity” – The government has to prove the interstate travel or facilities were used to facilitate some kind of illegal activity. The defense could argue there was no actual underlying unlawful activity.
• No intent – The prosecution has to show the defendant intended to promote or facilitate unlawful activity when they traveled or used interstate facilities. The defense may claim there was no proof of intent.
• Travel was unrelated – If the travel was for a legitimate purpose unrelated to any illegal activity, it may not be a Travel Act violation. For example, traveling to visit family.
• First Amendment – The First Amendment protects freedom of speech and association. The defense could claim the travel was for protected political or social association.

Skilled criminal defense attorneys know how to fight Travel Act charges by undermining the prosecution’s evidence and raising doubts about intent, unlawful activity, and the purpose of any interstate travel or use of facilities.

Why This Law Matters

The Travel Act has been an important tool for federal authorities to combat organized crime and corruption that crosses state or national lines. Some key reasons it matters:

• Allows federal prosecution of crimes that violate state laws but use interstate facilities – expands federal jurisdiction
• Bridges gap between federal and state law enforcement cooperation
• Covers crimes not included in other federal laws, like gambling and liquor offenses
• Gives prosecutors bargaining power to flip witnesses and up the legal pressure
• Discourages criminal organizations from operating or expanding across multiple states

The Travel Act gives the federal government broad power to crack down on criminal activity, even if it is also prohibited under state laws. It recognizes that state boundaries should not shield criminals who operate in multiple jurisdictions.

However, civil liberties advocates argue it gives too much power to federal authorities and could allow investigation of innocent political or social activities if they allege unlawful intent. Defense lawyers view it as an overly broad tool prone to abuse.

There are fair debates around the proper scope and use of the Travel Act. But it remains an important arrow in the quiver of prosecutors taking on organized and far-reaching criminal enterprises.