The Racketeer-Influenced and Corrupt Organizations Act (RICO) is a federal law enacted in the United States to combat organized crime. It enables the prosecution of individuals involved in an enterprise that engages in a pattern of racketeering activity.
Legal Definition and Framework
The RICO Act was signed into law by President Richard Nixon on October 15, 1970, as Title IX of the Organized Crime Control Act. Codified at 18 U.S.C. §§ 1961–1968, RICO allows for extended criminal penalties and civil cause of action for acts performed as part of an ongoing criminal organization.
Key Provisions
- Racketeering Activity: Includes a variety of criminal offenses such as bribery, fraud, embezzlement, drug trafficking, murder, and witness tampering.
- Pattern of Racketeering: Requires at least two acts of racketeering activity within a 10-year period.
- Enterprise: Any individual, partnership, corporation, association, or other legal entities.
Historical Context
RICO was enacted in response to the growing power of organized crime syndicates in the U.S. during the mid-20th century. Lawmakers recognized the need for stronger tools to dismantle the financial and organizational structures of these groups.
Notable Cases
- United States v. Turkette: The U.S. Supreme Court upheld that a prosecution under RICO could include both legitimate and illegitimate enterprises.
- Racketeer Influenced & Corrupt Organizations v. Philip Morris Inc.: A civil suit where the tobacco industry was sued under RICO laws for misleading the public about the dangers of smoking.
Types and Application
Criminal RICO
Involves criminal prosecution for engaging in racketeering activities. Penalties may include hefty fines, up to 20 years in prison per racketeering count, and forfeiture of assets gained through illegal activities.
Civil RICO
Allows individuals to file lawsuits against parties they allege have damaged their business or property through a pattern of racketeering. Plaintiffs can receive triple damages (treble damages) and attorney’s fees.
Special Considerations
RICO cases can be complicated due to the need to prove a pattern of racketeering and the existence of an enterprise. They often require extensive investigations and the coordination of multiple law enforcement agencies.
Defenses against RICO Charges
- Failure to Prove an Enterprise: Arguing that the alleged group does not qualify as an enterprise under RICO.
- Lack of a Pattern: Showing that the supposed racketeering acts were isolated events.
Examples
- Mafia Prosecutions: Many famous mob bosses, including John Gotti and members of the Gambino crime family, have been prosecuted under RICO.
- Political Corruption: RICO has also been used to prosecute corrupt public officials and corporate executives.
Comparison and Related Terms
- Racketeering: The practice of conducting illegal business activities, specifically those that fall under the provisions of RICO.
- Money Laundering: Often associated with racketeering, this involves processing criminally obtained funds to disguise their illegal origin.
- Conspiracy: An agreement between two or more people to commit a crime, which is a common charge in RICO cases.
FAQs
What are the penalties under RICO?
How is 'enterprise' defined under RICO?
Can legitimate businesses be prosecuted under RICO?
References
- U.S. Code Title 18, Chapter 96, Sections 1961-1968 – Cornell Law School Legal Information Institute
- United States v. Turkette, 452 U.S. 576 (1981) – Oyez
- Racketeer Influenced & Corrupt Organizations v. Philip Morris Inc. – FindLaw
Summary
The Racketeer-Influenced and Corrupt Organizations Act (RICO) is a crucial tool in the fight against organized crime, enabling law enforcement to prosecute individuals and organizations involved in systematic illegal activities. By establishing comprehensive legal provisions and extending penalties, RICO strives to dismantle organized crime networks and serve justice.
