RICO Charges in Federal Court

By Nathaniel Brooks

The Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. §§ 1961-1968) is one of the most powerful tools in federal prosecution. RICO charges carry severe penalties and broad forfeiture provisions.

Elements of a RICO Offense

The government must prove:

1. An enterprise — any individual, partnership, corporation, association, or group of individuals associated in fact
2. A pattern of racketeering activity — at least two predicate acts within a 10-year period
3. A connection between the enterprise and the racketeering activity

Predicate Acts

RICO's list of predicate offenses includes:

• Mail and wire fraud
• Bribery and extortion
• Drug trafficking
• Money laundering
• Murder and kidnapping
• Gambling offenses
• Securities fraud

Pattern Requirement

A "pattern" requires showing:

• Relatedness — the predicate acts share common purposes, participants, or methods
• Continuity — the acts extend over a substantial period or threaten continued criminal activity

Penalties

• Up to 20 years imprisonment per RICO count (life if predicate carries life)
• Criminal forfeiture of all interests in the enterprise
• Civil RICO allows treble damages for private plaintiffs

Defense Strategies

• Challenge the existence of the alleged enterprise
• Contest the pattern requirement — isolated acts do not constitute a pattern
• Attack individual predicate acts — if fewer than two survive, RICO fails
• Challenge continuity — show the activity was finite and completed
• Negotiate severance from co-defendants

RICO defense requires a comprehensive understanding of both the overarching statute and each individual predicate offense.