It is known that the RICO Act basically applies to crimes that are somehow tied to, related to or conducted on behalf of an enterprise. This means that any kinds of organizations, corporations or trade unions such as churches, politicians and non-profit organizations, to name a few will be subject to penalties for the offenses covered by this law.
There are 35 distinct crimes that the RICO Act has developed over the years. If you happen to find out what criminals are under RICO, you can dive into our post, since we will show the 35 crimes of the RICO Act. Here you go!
The 35 Crimes Associated with the RICO Act
Well, it might be one of the main points of contention that people have with RICO who do not explicitly spell out which groups are under close scrutiny. If not, it is definitely holding every type of company liable for any unlawful acts that it may take in connection with or on its behalf.
Here’s the list of 35 crimes that RICO Act has developed:
Larceny Crimes
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- Robbery or theft
Crimes Involving People
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- Murder
- Kidnapping
- Slavery
- Human smuggling
- Tampering with a witness.
Money-Related Crimes
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- Multiple kinds of fraud
- Embezzlement
- Money laundering
- Bribery
- Paying for murder for hire
- Gambling
- Counterfeiting
- Extortion
- Collection of unlawful debt
Other
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- Criminal copyright infringement
- Arson
- Acts of terrorism
- Obstruction of justice
- Trafficking controlled substances
- False use of a passport
These crimes are known as ‘predicate’ offenses. An individual who is charged under RICO at least committed two predicate crimes within 10 years through the enterprise. As you can see, an enterprise is required that might be a crime family, a drug cartel or a street gang.
However, it might also be a corporation, a political party or a managed care company. Moreover, the enterprise just needs to be a discrete entity. However, an enterprise is not the same as an individual. Therefore, a corporation might be the enterprise through which individuals commit crimes. However, it cannot be both an enterprise and an individual.
Under this Act, it is not legal to involve in activities which directly or indirectly interfere with foreign or interstate commerce. In order to convict any of the crimes under RICO, evidence of the pattern of behaviour is really required. Generally, it means that two or more extortion cases have to occur within a ten-year span for it to work.
The criminal RICO statutes set up for prison terms of 20 years and severe financial penalties. Additionally, this law also allows prosecutors to include assets. So, they cannot be carried out of the country before judgement.
Get to Know About RICO Civil
The law’s real power is its civil component, though RICO threatens very long prison terms for racketeers. Of course, anyone can bring a civil suit if they have been injured by a RICO violation. If they win, they will gain treble damages.
In the 1980s, civil lawyers tried to fit a lot of different claims inside of RICO, but in the 1990s, the federal courts determined a number of hurdles for civil RICO claims. To succeed on a RICO claim, a plaintiff should show:
1) Criminal Activity
You have to show that the defendant committed one of the RICO crimes that include the broad crimes of mail and wire fraud. The court will also apply strict scrutiny if you bring a claim on a fraud basis.
2) Pattern of Criminal Activity
One crime is not enough as well. You definitely need to show a pattern of at least two crimes. In this case, a pattern will require the crimes be related in some way: some methods, some victims, same participants or continuous. It means that it was done over at least one year.
3) Within the Statute of Limitations
The Supreme Court held that RICO has a four-year statute of limitations that starts tolling from the time that the victim discovers his or her damages.
The point is, RICO is powerful and complex. If you think that you have been seriously injured by criminal activity which is covered by RICO, make sure to consult with a lawyer to check if you have a case. However, you should ensure that it is worth the effort and RICO civil suits can be very pricey.
More About RICO Law
RICO, which stands for Racketeering Influenced and Corrupt Organizations, was passed in 1970 as the ultimate hit man in mob prosecutions. In advance of RICO, prosecutors might only try mob-related crimes individually.
Since different mobsters committed each crime, the government would only prosecute individual criminals instead of closing an entire criminal organization. Currently, the government rarely utilizes RICO against the Mafia. Otherwise, since the law is so wide, both civil parties and the government use it against all sorts of enterprises, both legal and illegal.
Moreover, RICO allows for prosecution of all individuals that are engaged in a corrupt organization. For mob prosecutions, it means that the government can go after top leadership as well as the hit men and capos. RICO also built much enhanced sentences.
For more information, John L. Smith depicted the impact of RICO in an article for the Las Vegas Review-Journal that says ‘After RICO, mob families began to crack under the very real threat that members and associates could be indicted en masse for a wide range of criminal activity. … [E]ven the strongest stand-up guy would have trouble fading the 20-year (and more) sentences that began accompanying RICO convictions.’
Over the past 37 years, RICO was initially aimed at the Mafia, prosecutors have used it to attack many forms of organized crime including gang cartels, street gangs, corrupt police departments and even politicians.
What Are the Penalties If Convicted?
Basically, those convicted of RICO crimes are sentenced to a maximum 20 years and $25,000 fines per count. For a federal RICO case, two offenses at least in a ten-year period should be charged. In many cases, far more certain charges are brought.
Keep in mind, anyone encountering federal RICO charges may be facing other charges as well, so that a loss of the case commonly means spending the rest of one’s days in prison. That’s why time is very important to fight a RICO charge. The sooner you get started preparing your defense, the better your odds of beating the charges.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
