Understanding RICO Charges

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law designed to combat organized crime in the United States. Enacted in 1970, RICO allows for the leaders of a syndicate to be tried for the crimes which they ordered others to do or assisted them in doing, closing a loophole that allowed a person who instructed someone else to, for example, commit murder to be exempt from the trial because they did not actually commit the crime personally.

Elements of a RICO Charge

What is needed to prove a RICO case?

To secure a conviction under RICO, prosecutors must prove several elements beyond a reasonable doubt. First, there must be an “enterprise,” which can be any group of individuals associated in fact although not a legal entity. Second, the defendant must have engaged in a “pattern of racketeering activity,” which means at least two acts of racketeering within a ten-year period. These acts can include a wide range of criminal offenses, such as bribery, fraud, drug trafficking, and murder. Finally, the defendant must have participated in the operation or management of the enterprise through the pattern of racketeering activity.

Penalties for RICO Convictions

RICO convictions carry severe penalties. A person found guilty can face up to 20 years in federal prison for each racketeering count, and in some cases, life imprisonment if the underlying racketeering activity warrants it. In addition to prison time, convicted individuals may be required to forfeit any assets or property derived from the criminal enterprise.

Defending Against RICO Charges

What are the defenses to RICO?

Defending against RICO charges can be complex, but several strategies may be available. Common defenses include challenging the existence of an “enterprise,” disputing the alleged pattern of racketeering activity, or arguing that the defendant did not participate in the operation or management of the enterprise. In some cases, the defense may focus on the lack of evidence tying the defendant to the predicate acts or the enterprise itself.

How to get out of a RICO charge?

Successfully avoiding a RICO conviction often involves undermining the prosecution’s case by attacking the sufficiency of the evidence or the legal basis for the charges. This can include filing motions to dismiss, negotiating plea agreements, or presenting exculpatory evidence at trial. Experienced legal counsel is essential for navigating the complexities of RICO litigation and identifying the most effective defense strategies.