![]() ![]() ![]() Most of the time any enterprise that has a large economic effect, or that moves substantial amounts of money, goods, or people from one state to another, will meet this requirement. In order to be prosecuted under the federal law (a jurisdictional requirement), RICO violations must involve or have some impact on interstate commerce (conducting business across state lines). Even a defendant who merely carried out orders, such as a mid-level drug dealer in a cartel, can be shown to have had control as long as the defendant acted with some discretion (decision-making power), such as by setting prices. Prosecutors do this by showing that a defendant had some level of control or investment in the criminal enterprise. The prosecutor must also prove that the defendant participated in the operation, management, or conduct of the enterprise. However, an association of businesspeople that met regularly and worked together for many years to, among other things, bribe several public officials in order to receive favorable city contracts, would probably be considered a criminal enterprise.Ĭonnection to the enterprise. For example, two criminals who came together one time to commit a kidnapping would not be considered a criminal enterprise. The enterprise's purpose may be valid and legal, or it may only have an illegal purpose. exist separate and apart from the members' criminal activity.be an ongoing organization that functions as a unit.To constitute a criminal enterprise, the group must: Under RICO, a criminal enterprise may be a distinct legal entity (such as a corporation, partnership, or union) or merely a group of individuals working together informally (such as a criminal gang). Several bank robberies committed over a period of months by the same people, using the same method, do show a pattern. For example, one bank robbery, even if committed by a group of robbers, does not show a pattern. Proof of a pattern can often be shown based on the number and variety of acts, the length of time at issue, the number of victims and perpetrators, and the nature, complexity, and number of schemes. In order for a pattern to exist, the predicate crimes must be related and show that the defendants did not merely commit one crime or unrelated, separate crimes but rather ongoing criminal activity. In a RICO prosecution, the government must prove that the defendants engaged in a pattern of at least two or more predicate crimes committed within ten years of each other. ![]() The underlying crimes that make up a racketeering activity are known as predicate crimes, which can include everything from violent crimes (such as murder, kidnapping, and robbery) to drug crimes, gambling, bribery, mail fraud, money laundering, forgery, and embezzlement. RICO targets a group's multiple instances of criminal wrongdoing-referred to in the law as a "pattern of racketeering activity." What Is a Pattern of Racketeering Activity? Below we'll discuss these elements in more detail. The key elements under RICO involve: (1) engaging in a pattern of racketeering activity (2) as part of, or in association with, a criminal enterprise that (3) affects interstate commerce. RICO prohibits several types of criminal activities. Federal Racketeering Influenced and Corrupt Organizations (RICO) Law The law permits both criminal prosecutions, which can include penalties of prison, fines, and forfeiture, as well as civil lawsuits, which involve monetary damages. RICO allows prosecutors to bring all of an organization or enterprise's different criminal acts together in a single prosecution. Prosecutors have used RICO to reduce organized crime and to fight white-collar crime, fraud, political corruption, and even college admission scandals. This law targets not only organized crime (like the Mafia) but also otherwise legitimate businesses or associations engaged in ongoing, coordinated criminal activity (such as insider trading). The federal RICO law lists dozens of crimes that can make up illegal racketeering activity, from murder to bribery. Rather, it refers to a series of organized illegal activities of a criminal operation. This article will discuss what activities are illegal under the federal RICO law and the penalties for this criminal behavior. Many states also have their own RICO laws. RICO makes it a federal crime to participate in or make money from racketeering. In order to make it easier to prosecute organized crime, in 1970, Congress passed the Racketeer Influenced and Corrupt Organizations (RICO) law. ![]()
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