Racketeering and the RICO Act

Racketeering is a legal term that refers to activistities performed as part of an ongoing criminal enterprise. Common forms of racketeering include extortion, loan sharking, bribery, and illegal gambling operations. In the United States, the primary law targeting racketeering is the Racketeer Influenced and Corrupt Organizations Act, commonly known as the RICO Act, which was enacted by Congress in 1970.

Definition and Types of Racketeering

Racketeering broadly refers to repeated, organized illegal activity performed by members of an enterprise. It can encompass a range of criminal acts, such as:

• Bribery
• Fraud
• Money laundering
• Embezzlement
• Drug trafficking
• Sex trafficking
• Obstruction of justice
• Murder for hire

These crimes must be carried out as part of an enterprise, meaning a group or organization, rather than a single isolated act.

The RICO Act

The RICO Act was enacted to provide stronger legal tools to combat organized crime, allowing leaders of criminal enterprises to be prosecuted for crimes they ordered or assisted, even if they did not directly carry them out. Under RICO, a person can be charged if they have committed at least two acts of racketeering activity within a ten-year period, and those acts are related to the conduct or control of an “enterprise.”

RICO applies not only to traditional organized crime syndicates, such as the mafia, but also to individuals and organizations in various contexts, including corporate crime, street gangs, and cases involving public corruption. Racketeering charges under RICO can carry severe penalties, including long prison sentences and asset forfeiture.

Application in Federal Courts

Prosecutors must prove the existence of an enterprise and show that the accused participated in its affairs through a pattern of racketeering activity. RICO cases are often complex, requiring extensive evidence, witness testimony, and demonstration of coordinated wrongdoing over time.

Convictions under the RICO Act may result in up to 20 years in federal prison per racketeering count, or life imprisonment if the underlying criminal acts are subject to a life sentence. Additionally, the RICO Act allows for civil lawsuits, enabling victims to seek compensatory damages.

Contemporary Usage

While the RICO Act was initially intended to address organized crime, its application has broadened considerably. It has been used in cases against financial crimes, corrupt politicians, corporate executives, and, increasingly, individuals within the entertainment industry and other high-profile sectors. Its wide scope sometimes raises legal debate regarding its appropriate use, especially in non-traditional or high-profile cases.

Conclusion

Racketeering and the RICO Act play a significant role in shaping the prosecution of organized and coordinated criminal activities in the United States. The evolution and application of racketeering laws highlight the challenges of addressing complex criminal behavior in changing social and economic contexts.