Jury Instruction - RICO - Substantive Offense
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FAQ
Passed in 1970, the Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law designed to combat organized crime in the United States. It allows prosecution and civil penalties for racketeering activity performed as part of an ongoing criminal enterprise.
In a criminal RICO prosecution, the State must prove beyond a reasonable doubt that the defendant committed such an act. In a civil RICO case, however, the plaintiff must prove only by a preponderance of the evidence that the defendant committed the act.
Criminal RICO To violate RICO, a person must engage in a pattern of racketeering activity connected to an enterprise. The law defines 35 offenses as constituting racketeering, including gambling, murder, kidnapping, arson, drug dealing, bribery. Significantly, mail and wire fraud are included on the list.
The RICO civil provisions contain five basic elements: injury, person, enterprise, pattern of racketeering activity, and interstate or foreign commerce.
Arson. Bribery. Counterfeiting. Distribution of a controlled substance. Embezzlement. Extortion. Gambling. Homicide.
In order to beat a RICO charge, you will need an attorney who can challenge the prosecution's evidence enough to bring any of the elements above into question. At The Wiseman Law Firm, we will work diligently to either get your charges reduced or your case dismissed entirely.
RICO predicate offenses Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and many other offenses covered under the Federal criminal code (Title 18);