Racketeering involves organizing, running, or participating in a systematic scheme or operation, often illegal, to make a profit. Typically, this term is used to describe organized crimes that involve illegal activities, such as the importation and sale of illegal drugs, prostitution, gambling, and bribery.
These schemes often involve a series of illegal activities carried out as part of a coordinated enterprise, and they can range from small-scale local operations to vast international networks.
How Does RICO Apply to Racketeering?
The Racketeer Influenced and Corrupt Organizations Act (RICO) is a U.S. federal law aimed at combating organized crime. It was designed specifically to target the leaders or members of organized crime syndicates who might not commit the actual crimes but are involved in organizing or directing others to commit those crimes.
Under RICO, a person or entity can face criminal charges if they participate or invest in a “racketeering enterprise” through a pattern of “racketeering activity.” This means that even if someone isn’t directly involved in, for instance, the importation and sale of illegal drugs or prostitution, they can still be found guilty of racketeering if they are part of an organization that facilitates these activities.
The History of RICO: Origins and Evolution
The Racketeer Influenced and Corrupt Organizations Act has its roots firmly embedded in the government’s efforts to combat organized crime. Let’s dive into the history and the pivotal moments that led to its establishment and how it has been used over the decades.
Origins: The Battle Against Organized Crime
By the mid-20th century, organized crime syndicates, particularly the Mafia, had become increasingly influential and powerful in the United States. Their reach extended beyond traditional criminal activities like gambling and loan sharking to infiltrate legitimate businesses, labor unions, and even political offices. Traditional criminal laws and investigative techniques were proving insufficient to curb their expanding influence.
The Birth of RICO
Recognizing the evolving landscape of organized crime and the need for more potent legal tools, Congress, with the leadership of Senator John L. McClellan and the support of Assistant Attorney General Robert Blakey, devised RICO as part of the Organized Crime Control Act of 1970. RICO’s purpose was clear: to eradicate organized crime in the U.S. by allowing law enforcement to target and penalize individuals for participating in an “enterprise” through a “pattern of racketeering activity.”
Broadening the Horizons
While RICO was initially designed with the Mafia in mind, its scope soon broadened. By the 1980s, prosecutors began to use RICO in diverse contexts, from going after white-collar crimes in the financial sector to targeting corrupt police departments and even politicians involved in systemic corrupt activities. The flexibility and broadness of RICO’s provisions made it a formidable tool, not just against traditional organized crime.
Landmark Cases and Controversies
Over the years, RICO has been at the center of many landmark cases. One notable example was the case against key members of the Hells Angels Motorcycle Club in the 1970s. In the financial world, the use of RICO against Michael Milken, a financier and junk bond king of the 1980s, showcased its reach beyond mobsters.
However, RICO’s broad application has also sparked controversy. Critics argue that it can be used too heavy-handedly, targeting individuals and businesses that were never intended to be within its purview.
Recent Times and Revisions
The use of RICO in the 21st century has seen a more balanced approach. While it still serves as a robust tool against organized crime, there’s an increased awareness of ensuring its provisions are not abused. There have been calls from various quarters to refine and clarify the law, ensuring that it targets genuine racketeering while safeguarding individual rights.
Punishments Under RICO
Those found guilty of racketeering under RICO can face severe penalties. Punishments can include substantial fines, forfeiture of any gains or interest obtained through the racketeering activity, and lengthy prison sentences – up to 20 years per racketeering count.
Additionally, those convicted under RICO can face civil suits where plaintiffs can claim damages amounting to three times the losses they incurred due to the defendant’s racketeering activities. This means that RICO violators can also be hit with substantial financial repercussions beyond the criminal charges and associated penalties.
Defending Against RICO Charges
Defending against RICO charges requires a deep understanding of the law, an extensive examination of the evidence, and strategic planning. The Racketeer Influenced and Corrupt Organizations Act was designed to combat organized crime. However, its broad language has allowed prosecutors to apply it in a wide range of situations. Here’s a detailed look at common defenses and defense strategies employed when facing RICO charges.
1. Lack of a “Pattern of Racketeering Activity”
One of the fundamental requirements for a RICO violation is the establishment of a “pattern of racketeering activity.” A defense attorney might argue that the isolated instances cited by the prosecution don’t constitute a pattern as envisioned by the statute.
2. No Existence of an “Enterprise”
RICO is not just about individual acts but involves an organization or “enterprise” conducting or participating in these acts. A potential defense might be centered around proving that there was no such organization or that the defendant wasn’t associated with any such enterprise.
3. Insufficient Connection Between the Defendant and the Criminal Conduct
Merely being associated with someone involved in a RICO violation doesn’t make one guilty. The defense can argue that the defendant’s actions were too remote from the core illegal activities to be considered as participating in the operation or management of the enterprise.
4. Statute of Limitations
There is a set period during which RICO charges must be filed after the alleged racketeering activity occurred. If charges are filed after this period, they can be dismissed on the basis of the statute of limitations.
5. Challenge the Legitimacy of the Evidence
A cornerstone of many defenses is to challenge the evidence. This could involve arguing that the evidence was obtained illegally or that it is unreliable. Wiretaps, informants, or other surveillance methods might have been used without proper authorization.
6. Duress or Coercion
In some cases, a defendant might argue that they only participated in the illegal activity because they were forced or threatened. If they can demonstrate they acted under duress, they might be able to avoid a RICO conviction.
7. Lack of Intent
The defendant might argue they did not have the requisite intent to participate in a racketeering enterprise. This can be a viable defense if it can be shown that the defendant was unaware of the broader illicit activities of the enterprise.
8. Severing Charges
One strategy in RICO cases with multiple defendants might be requesting separate trials. This can be particularly useful if there’s a significant disparity in the evidence against the defendants or if one defendant is likely to prejudice the jury against the others.
Defending against RICO charges is complex, and the stakes are high. Those accused need an attorney well-versed in RICO’s intricacies, capable of dismantling the prosecution’s case piece by piece. Whether it’s challenging the very existence of an enterprise, attacking the evidence, or highlighting the lack of intent, a strong defense strategy is critical.
If facing such charges, it’s essential to have representation. Through LegalMatch, you can find experienced criminal defense attorneys to guide them through every step of the process and mount a strong defense.
Do I Need an Attorney?
Absolutely. If you’re facing allegations of involvement in racketeering or charges under RICO, it’s crucial to consult with an experienced criminal lawyer. The complexities of these charges, coupled with the severe penalties involved, require the experience of someone familiar with the intricacies of the law.
At LegalMatch, we can connect you with the right attorney who has the experience and knowledge to defend your rights and handle the complexities of your case.
