The Racketeer Influenced and Corrupt Organizations Act, commonly known as RICO, was enacted in 1970 as part of the Organized Crime Control Act. The primary aim of RICO is to combat organized crime in the United States by allowing leaders of a syndicate to be tried for crimes they ordered others to do or assisted them in doing. This law makes it easier for law enforcement to go after the heads of criminal organizations, even if they are not directly involved in the criminal acts.
Common RICO charges
While the law was initially intended to target organized crime like the mafia, RICO charges can cover a wide range of illegal activities at the state and federal level, particularly ones involving white-collar crime. Here are some standard RICO charges:
- Fraud: This can include mail fraud, wire fraud and securities fraud. Businesses or individuals can face charges if they employ schemes to deceive others for financial gain.
- Bribery: Offering or receiving something of value to influence the actions of someone in a position of power can result in RICO charges.
- Embezzlement: This is misappropriating funds placed in one’s trust or belonging to one’s employer.
- Money laundering: This involves making illegally-gained money appear legitimate.
- Gambling offenses: Running illegal gambling operations can lead to RICO charges.
- Drug trafficking: Involvement in the manufacturing, distribution or sale of illegal drugs can fall under RICO.
The broad application of RICO charges aims to dismantle criminal enterprises, regardless of their structure or the nature of their crimes.
Handling RICO cases in court
RICO cases are complex and involve both criminal and civil components. To secure a conviction, the prosecution must prove that the defendant engaged in a “pattern of racketeering activity” and had a role in operating or managing a criminal enterprise. It often requires demonstrating at least two acts of racketeering activity within ten years.
These cases can be lengthy in court and involve extensive evidence, including financial records, communications, and witness testimonies. Both sides typically present detailed arguments, and the outcome often hinges on the strength of the evidence and the defense’s ability to counter the prosecution’s claims.
The Importance of an experienced lawyer
If you or someone you know is facing RICO charges, it’s crucial to seek the help of an experienced lawyer, particularly one familiar with cases in the New York City area. An attorney who specializes in RICO cases will understand the intricacies of the law and be able to build a strong defense strategy. They can help you navigate the complex legal system, protect your rights and work towards the best possible outcome.