Nebraska Jury Instruction - RICO - Substantive Offense
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FAQ
Penalties Under the RICO Act A person convicted can face a fine of either $250,000 or double the amount of proceeds earned from illicit activity. The prison time can increase to up to a life sentence depending on the underlying crime that was committed.
Although RICO charges are a serious matter, there are some strong defenses against them. For example, if the defendant's Fourth Amendment rights are violated because some evidence was illegally entered, that is a valid defense.
The Racketeer Influenced and Corrupt Organizations Act (RICO) of 1970 seeks to strengthen the legal tools in evidence gathering by establishing new penal prohibitions and providing enhanced sanctions and new remedies for dealing with the unlawful activities of those engaged in organized crime.
Drug trafficking, money laundering, embezzlement of funds are all forms of racketeering.
Potential Racketeering Punishments On its face, a RICO charge carries with it the possible maximum of twenty years imprisonment. There is no floor on the possible sentence for a base RICO charge, meaning there is no mandatory minimum.
Criminal RICO 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. These crimes are known as "predicate" offenses.
The U.S. government introduced the RICO Act, or Racketeer Influenced and Corrupt Organizations Act (RICO), in the 1970s to combat organized crimes that come under racketeering. The act prohibits the illegal acquiring, operating, and receiving of uncalled income.
Many people charged with RICO will also be charged with violent crimes in aid of racketeering. However, while RICO criminalizes specific acts associated with organized crime on a large scale (such as extortion, drug trafficking, etc.), VICAR, in a sense, targets the "muscle" behind these criminal organizations.