The Racketeer Influenced and Corrupt Organizations Act (RICO) is a powerful tool against organized crime. Its original intent was the prosecution of large criminal syndicates, such as the mafia.
In recent years, it has evolved beyond just the conviction of traditional mob bosses and is being used to prosecute white-collar crimes. However, proving a RICO violation is challenging and requires proof of some key components.
What is RICO?
The RICO Act was enacted in 1970 with the primary goal of targeting the leaders of criminal enterprises. To secure a conviction, the prosecutor has to prove five critical elements:
- The defendant was part of a criminal enterprise
An enterprise can be either formal or informal. It could be a highly structured organization, such as the mafia, a street gang, or even a legal corporation involved in illegal activities.
- Engagement in predicate offenses
The defendant engaged in illegal activities. These predicate offenses could be fraud, drug trafficking, extortion, money laundering, bribery or murder.
- There is a pattern of racketeering activity
It’s not enough to show isolated criminal acts. The prosecution must prove that the illegal activities are part of an ongoing effort. The enterprise must have engaged in at least two predicate offenses within 10 years and be related somehow.
- Participation by the defendant
The prosecution must show that the defendant participated in the criminal enterprise. This doesn’t mean they personally committed the offense; they may only need to be an employee or associate of the organization.
- Connection to interstate commerce
Since RICO is a federal statute, the criminal activity must be committed across state or national borders.
Securing a RICO conviction is challenging, as the prosecution must prove each of the five elements beyond a reasonable doubt. Extensive investigations are often conducted to secure airtight evidence. Anyone accused of crimes under RICO needs to work with someone who can build a strong defense against the charges