The Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §1959, is a
federal law that was enacted in 1970 to combat organized crime.

Originally intended to target the Mafia and other criminal organizations, RICO has since been used to prosecute a wide range of criminal enterprises, including white-collar crimes, drug trafficking organizations, and even political corruption.

RICO charges are complex and can be difficult to understand. Here is an overview of RICO
charges, including what they are, what elements must be proven to establish a RICO case, and what the potential penalties are.

WHAT ARE RICO CHARGES?
RICO charges are brought against individuals or organizations that are alleged to have engaged in a pattern of criminal activity. The term “pattern” refers to at least two acts of racketeering activity that have occurred within a ten-year period. Racketeering activity refers to any of the following criminal offenses:

      •     Bribery
      •     Counterfeiting
      •     Embezzlement
      •     Extortion
      •     Fraud
      •     Gambling
      •     Kidnapping
      •     Money laundering
      •     Murder
      •     Robbery
      •     Drug trafficking
      •     Trafficking in stolen goods
      •     Wire fraud

To establish a RICO case, the government must prove that the defendant engaged in a pattern of racketeering activity and that this activity was conducted through a “RICO enterprise”.

A RICO enterprise is any individual, partnership, corporation, association, or other legal entity that is engaged in, or the activities of which affect, interstate or foreign commerce.

ELEMENTS OF A RICO CASE

To prove a RICO case, the government must establish the following elements:

1. Existence of a RICO enterprise: The government must show that a RICO enterprise exists
and that the defendant was associated with that enterprise.
2. Pattern of racketeering activity: The government must prove that the defendant engaged
in at least two acts of racketeering activity within a ten-year period.
3. Relationship between the enterprise and the racketeering activity: The government must
establish that the racketeering activity was conducted through or in association with the
RICO enterprise.

POTENTIAL PENALTIES
If convicted of RICO charges, a defendant can face severe penalties, including lengthy prison sentences, fines, and forfeiture of assets.

The maximum penalty for a RICO violation is 20 years in prison, a fine of up to $250,000, or twice the gross profits or losses resulting from the offense, whichever is greater. In addition, the government can seize any assets that were used in the
commission of the offense or that were obtained through the proceeds of the offense.

RICO charges are serious criminal charges that can result in severe penalties. If you are facing RICO charges, call Lehman Law Firm, PLLC to hire an experienced attorney who understands the complexities of the law and stands ready to mount a vigorous defense on your behalf.