Racketeering and RICO Cases and Definitions
RICO stands for the Racketeer Influenced and Corrupt Organizations Act, a law that increases the penalties for crimes performed in conjunction with organized crime. Racketeering definitions cover 35 crimes. Suspects only need to commit two to be charged with racketeering. Learn more about racketeering and RICO cases and definitions in our free legal guide below.
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Written by
Jeffrey Johnson
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UPDATED: Jan 8, 2021
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RICO stands for the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1961), a United States law that increases the severity of penalties for crimes performed in conjunction with organized crime. The racketeering law states that any person or group who commits any two out of a list of 35 crimes (known as racketeering activity in the U.S. Code) within a 10 year period and can be determined to have committed them with similar results or similar intentions can be charged by law enforcement agencies with racketeering activity.
What are the penalties for acts of racketeering?
The maximum penalties for acts of racketeering include a fine of up to $25,000 and up to 20 years in prison. In addition, racketeering charges can lead to the forfeiture of all business interests and gains gleaned from criminal activity. In addition, the case can be re-tried by a prosecutor in civil court; plaintiffs are allowed to sue for triple damages.
The law covers crimes such as bribery, extortion, money laundering, counterfeiting, gambling, murder, arson, robbery, kidnapping, harboring certain illegal aliens, obstruction of justice, slavery, and others.
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How do investigators prosecute RICO cases?
In order to prosecute a RICO case, investigators need to establish evidence at trial of the existence of a criminal organization. United States Attorneys General who pursue RICO charges against a criminal enterprise can opt to seek an injunction or restraining order before trial that prevents the assets in question from being transferred and requires the defendant to put up a performance bond. This usually serves to push the defendant to plead guilty to the charges before an indictment (a formal accusation against the defendant).
United States RICO laws are especially effective in prosecuting those who retaliate against victims, whistleblowers, or witnesses of crimes when those parties cooperate with law enforcement or an ongoing investigation.
In addition, anti-SLAPP (strategic lawsuit against public participation) laws can be applied in order to stop corporations or individuals from abusing the legal system by filing retaliatory lawsuits against whistleblowers or crime victims.