Blog
Understanding Federal Racketeering Charges in New York: An Overview
Contents
Understanding Federal Racketeering Charges in New York: An Overview
Being charged with federal racketeering in New York can be a scary and confusing experience. Racketeering laws are complex, and the penalties are severe. This article provides a simple overview of federal racketeering laws and charges in New York, written in plain English that anyone can understand.
Racketeering charges involve allegations of organized criminal activity. The main federal racketeering law is called RICO, which stands for the Racketeer Influenced and Corrupt Organizations Act. RICO was passed in 1970 to help prosecutors go after organized crime like the mafia.
RICO makes it a crime to engage in a “pattern of racketeering activity” as part of an enterprise. An enterprise can be any organization or group of people, including a legitimate business. The law is aimed at prosecuting the leaders who order others to commit crimes on behalf of the enterprise.
To charge someone with racketeering, prosecutors have to prove two basic elements:
- The defendant engaged in at least two RICO predicate acts within 10 years
- The predicate acts were committed as part of an enterprise engaged in interstate commerce
RICO predicate acts are over 100 specific state and federal crimes listed in the RICO law. These include violent crimes like murder, kidnapping, and assault, white collar crimes like embezzlement and money laundering, drug crimes, gambling, and many frauds.
An enterprise engaged in interstate commerce just means that the organization did business activities across state borders. This is a very broad standard that can include legitimate businesses as well as criminal organizations.
In addition to proving these two core elements, prosecutors also have to show that the racketeering activity was part of a pattern. This means it wasn’t just an isolated incident but rather part of the way the enterprise regularly did business.
Recent Gambino Crime Family Indictment
A recent example of a federal racketeering indictment in New York was against 10 alleged members and associates of the Gambino crime family in November 2022 [1]. Prosecutors accused the defendants of committing various violent crimes and extortion to dominate New York’s garbage hauling and demolition industries.
The indictment alleged the Gambino associates engaged in crimes like assaulting a demolition worker with a hammer, setting fire to a trash hauling business, embezzling from unions, and rigging bids. These crimes constituted the RICO predicate acts.
The indictment identified the Gambino crime family as the RICO enterprise that engaged in interstate commerce. Gambino captains allegedly ordered lower level associates to commit crimes to control the waste management and demolition industries across New York and New Jersey.
Each defendant faces up to 20 years in prison for the racketeering conspiracy charge. They face additional time for the underlying RICO predicate acts and other crimes charged.
Using RICO to Target Organized Crime
While RICO can technically apply to any enterprise, it was primarily designed to go after organized crime like the mafia. Before RICO, prosecutors struggled to bring down mob bosses who ordered others to commit crimes but rarely got their own hands dirty.
RICO enabled prosecutors to hold mob leaders accountable for crimes they orchestrated by making it illegal to participate in a criminal enterprise. RICO charges allow prosecutors to attach harsh penalties to racketeering activity.
In addition to lengthy prison sentences, RICO provides for forfeiture of assets connected to criminal enterprises. This hits mob organizations in the pocketbook by allowing the government to seize property.
Over the years, federal prosecutors in the Southern and Eastern Districts of New York have brought many RICO indictments against the five mafia families that have historically dominated organized crime in New York City – the Bonanno, Colombo, Gambino, Genovese, and Lucchese families.
Racketeering Defenses
Fighting federal racketeering charges involves challenging the prosecution’s ability to prove the two core elements of a RICO violation. Common defenses include:
- No enterprise – Argue the alleged enterprise does not exist or the defendant was not associated with it
- No pattern – Argue the predicate acts were isolated incidents, not a regular way of doing business
- No interstate nexus – Argue the enterprise was purely local and did not operate across state borders
In addition to defenses aimed at the RICO charge itself, the accused can also raise defenses to the underlying predicate acts. For example, if one of the predicate acts is fraud, the defense may argue the defendant did not have intent to defraud.
Given the complexity of RICO laws and the severity of the penalties, hiring an experienced criminal defense attorney is essential for anyone facing federal racketeering charges in New York. A knowledgeable lawyer can carefully examine the prosecution’s case for weaknesses and advise the best defense strategy.
Penalties for Racketeering Conviction
Being convicted of federal racketeering charges exposes defendants to substantial criminal penalties. Maximum sentences under RICO include:
- Racketeering Conspiracy – 20 years in prison
- Racketeering – 20 years in prison
- Forfeiture of assets connected to criminal enterprise
In addition to racketeering itself, defendants can be convicted and sentenced separately for the underlying RICO predicate acts. So a RICO defendant convicted of predicate acts like fraud, drug trafficking, and assault could face decades behind bars.
Given the severe potential penalties, the stakes are extremely high when defending against federal racketeering allegations. An experienced defense lawyer’s understanding of RICO laws and ability to identify weaknesses in the prosecution’s case could make all the difference.
Conclusion
Federal racketeering laws like RICO provide prosecutors with a powerful tool for dismantling organized criminal enterprises. But RICO cases are also complex and difficult to prove.
Anyone facing RICO charges in New York should retain a knowledgeable defense attorney immediately. An effective lawyer will devise the best defense strategy for exploiting flaws in the prosecution’s theory of the case.
With an attorney’s help, some defendants manage to avoid racketeering convictions and sentences. But mounting a successful RICO defense requires in-depth understanding of federal racketeering laws.
This article aimed to provide a plain English overview of federal racketeering charges in New York. But anyone facing criminal prosecution should rely on an experienced attorney, not online articles, for legal advice and representation.
References
[2] U.S. Charges 10 in Gambino Scheme to Control Carting and Demolition