RICO
What is RICO?
The Racketeer Influenced and Corrupt Organizations Act (RICO), created as part of the Organized Crime Control Act of 1970, is a federal law designed to assist law enforcements in combatting organized crime, public corruption cases and street gangs. Originally created to fight against dangerous organized crimes like those in the Mafia, RICO has become a tool more recently that is used to prosecute white collar criminals as well. RICO allows prosecution and civil penalties for racketeering performed as part of an ongoing criminal enterprise and makes it illegal for criminal organizations to profit from any legitimate business operations.
Under the act, a person can be charged with racketeering (including bribery, extortion, illegal drug sales, loan sharking, murder and prostitution) if the individual is a member of an organization that has committed 2 or more of the 27 federal and 8 state crimes under U.S. legislation within a 10-year period. An important feature of RICO is that the act gives the government power to criminally prosecute and imprison an organized crime leader, even if he or she has never personally committed a crime, but has knowledge of the criminal activity of the group and many times demands criminal activity of the group.
Penalties under RICO include fines up to $25,000 and 20 years of imprisonment for each count of racketeering, plus the restitution of all involved incidents. RICO crimes can be civil or criminal, depending on the type of activity and enforcement under state laws. The civil suit component is for the victims (or relatives of murdered victims) in which they can sue for any damages. RICO imposes harsh criminal penalties for those involved in organized crime, and if you are being charged with racketeering you should speak with an attorney who can help you avoid these penalties.