NATIONALLY RECOGNIZED FEDERAL LAWYERS
What is 18 USC 1962
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, and we have over 40 years of combined experience handling federal criminal cases. We’re the firm behind the Anna Delvey Netflix series, the Ghislaine Maxwell juror misconduct case, and other high-profile federal prosecutions. If you’re facing 18 USC 1962 charges—that’s RICO—you need to understand what the government is actually accusing you of, because RICO cases are built differently than other federal crimes.
This article breaks down the four subsections of 18 USC 1962, explains what a “pattern of racketeering activity” means, and shows you how prosecutors are using RICO in 2025. RICO carries up to 20 years in prison, sometimes life.
The Four Subsections of 18 USC 1962
Section 1962 has four subsections, each criminalizing a different way of mixing criminal activity with enterprises. Most federal RICO prosecutions charge subsection (c) or subsection (d)—sometimes both.
Subsection (a) makes it illegal to invest income from racketeering into any business that affects interstate commerce. Prosecutors rarely charge this one alone.
Subsection (b) criminalizes acquiring or maintaining an interest in an enterprise through a pattern of racketeering. Think hostile takeovers funded by criminal activity, loan sharking to gain ownership stakes.
Subsection (c) is the workhorse of federal RICO prosecutions. It’s unlawful for anyone employed by or associated with an enterprise to conduct the enterprise’s affairs through a pattern of racketeering activity. You don’t need to own the enterprise—you just need to be associated with it and participate in its affairs through criminal acts. The government must prove five elements: an enterprise existed, it affected interstate commerce, you associated with the enterprise, you participated in conducting its affairs, and you did so through a pattern of racketeering activity. According to 18 USC 1962, this is the most commonly charged RICO violation.
Subsection (d) makes it a crime to conspire to violate subsections (a), (b), or (c). RICO conspiracy is easier for prosecutors to prove than substantive RICO because they only need to show you agreed with others to commit a RICO offense and knew about the overall objective. You don’t actually have to complete the crime—agreement is enough. That’s why nearly every RICO indictment includes a conspiracy count.
Pattern of Racketeering Activity—What It Actually Means
RICO requires a “pattern of racketeering activity.” That’s not just one crime, it’s at least two predicate acts within ten years. The predicate acts must be related to each other and show continuity—they can’t be isolated incidents.
Federal law defines 35 offenses as racketeering activity, including murder, kidnapping, gambling, arson, robbery, bribery, extortion, drug trafficking, mail fraud, wire fraud, money laundering. If you commit two or more of these crimes, and they’re related, prosecutors can charge RICO.
Related means the acts have the same or similar purposes, results, participants, or methods. Continuity means the criminal activity extended over a substantial period or threatened to continue. If you’re running an ongoing operation—a drug distribution network, a fraud scheme, a gang committing violence to maintain territory—that’s continuity.
The government doesn’t need to convict you of the predicate acts separately. They just need to prove you committed them as part of the RICO charge. In a 2025 Minnesota gang prosecution, defendants were convicted of RICO conspiracy based on drug trafficking and violent crimes that turned a North Minneapolis intersection into an open-air drug market. Forty members of the Highs gang were charged, 38 convicted so far. That’s pattern, that’s continuity, that’s RICO.
How Federal Prosecutors Are Using RICO in 2025
RICO was created to prosecute the Mafia. In 2025, prosecutors use it against anyone operating as part of a criminal enterprise, loosely defined.
In April 2025, the Department of Justice charged 27 alleged members of Tren de Aragua—a Venezuelan gang—under RICO for robberies, shootings, sex trafficking, extortion of small businesses, and trafficking a drug called “tusi.” Gang cases are some of the most common RICO prosecutions now.
In May 2025, a federal indictment charged 12 people with RICO conspiracy for stealing over $263 million in cryptocurrency. The enterprise started on online gaming platforms, grew into a sophisticated theft operation. One theft alone netted $230 million.
High-profile defendants get RICO charges too. Sean “Diddy” Combs faced racketeering conspiracy charges in 2025. The jury couldn’t reach a verdict after six weeks of testimony, but it shows how broadly prosecutors apply RICO beyond traditional organized crime.
From 2018 to 2022, federal RICO prosecutions declined 53% at the case filing stage. But prosecutors still use RICO strategically in complex cases. The median prison sentence for RICO convictions during that period was 87 months.
Penalties Under 18 USC 1962
RICO violations carry up to 20 years in federal prison. If the racketeering activity includes a predicate offense punishable by life imprisonment—like murder—then the RICO charge itself carries a maximum of life in prison.
Federal sentencing guidelines calculate RICO sentences based on the most serious predicate offense. If you’re convicted of RICO based on drug trafficking and murder, the murder determines your offense level. Judges can also impose fines, forfeiture of property connected to the enterprise, and restitution to victims.
RICO conspiracy under 1962(d) carries the same penalties as substantive RICO. Agreeing to commit RICO gets you the same prison time as actually doing it. That’s why conspiracy is so dangerous—prosecutors don’t need to prove you succeeded, just that you planned it with others.
Why RICO Cases Require Aggressive Federal Defense
RICO prosecutions are sprawling, multi-defendant cases with volumes of evidence, cooperating witnesses, and aggressive prosecutors trying to connect you to an enterprise. The government will argue you’re part of something bigger than individual crimes—they’ll say you’re organized, you’re ongoing, you’re a threat.
Defending RICO means attacking the enterprise itself. Does it really exist, or is the government just lumping together unrelated people and crimes? Challenging the pattern—are the acts truly related, or isolated incidents? RICO cases have moving parts, weak links.
At Spodek Law Group, we’ve handled cases where the government alleged complex criminal schemes—fraud, money laundering, organized networks. We represented Anna Delvey when prosecutors said she conned New York’s elite. We handled the Ghislaine Maxwell juror misconduct issue that nearly resulted in a mistrial in one of the most high-profile federal cases in recent history. RICO cases get media attention, they get aggressive prosecution, they get long sentences if you lose.
What You Should Do If You’re Facing RICO Charges
If you’re under investigation for 18 USC 1962 or already indicted, don’t wait. RICO cases take months to build—by the time you’re charged, the government has witnesses, financial records, wiretaps, cooperators.
Don’t talk to investigators without a lawyer. Federal agents will tell you they just want to hear your side, they’re investigating others, you can help yourself by cooperating. What they mean is they’re building a case against you.
Don’t assume you’re a minor player who won’t be charged. In RICO cases, the government casts a wide net. If you’re connected to the enterprise in any way—even peripherally—you can be charged with conspiracy under 1962(d).
We’ve been handling federal criminal cases for over 40 years. Todd Spodek is a second-generation criminal defense lawyer who has successfully defended hundreds of federal cases. If you’re facing RICO charges—call us. We’re available 24/7, we handle cases nationwide, and we know what’s at stake. Your freedom, your future, your reputation.