RICO (Racketeer Influenced and Corrupt Organizations Act) is a federal law that prohibits individuals from conducting or participating in the conduct of the affairs of an enterprise through a pattern of racketeering activity. This federal law is found in Title 18, United States Code, Section 1962(c). The elements of the offense, as stated in 18 U.S.C. Sec. 1962(c), are as follows: # The defendant must have conducted or participated in the conduct of the affairs of an “enterprise”; # The defendant must have done so through a “pattern of racketeering activity”; # The “enterprise” must have been engaged in interstate or foreign commerce or activities affecting interstate or foreign commerce. There are two types of RICO violations: 1) conducting the affairs of the enterprise and 2) participating in the affairs of the enterprise. Conducting the affairs of the enterprise involves establishing the enterprise itself or operating it, while participating in the affairs of the enterprise involves assisting in the operation of the enterprise. To be found guilty of either type of violation, the defendant must have been involved in two or more “acts of racketeering”. Examples of racketeering activities include bribery, money laundering, obstruction of justice, and fraud.
RICO - Conducting or Participating in the Conduct of the Affairs of an Enterprise Through A Pattern Of Racketeering Activity; Elements of the Offense (18 U.S.C. Sec.1962(c))
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FAQ
Modern racketeering crimes include credit card frauds, data theft, and cybercrimes. They belong to the category of white-collar crimes.
? (1) ''racketeering activity'' means (A) any act or threat. involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled. substance or listed chemical (as defined in section 102 of the. Controlled Substances Act), which is chargeable under State law.
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.
It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.
Each count of racketeering is punishable by up to 20 years of incarceration. However, racketeering is punishable by life imprisonment if the predicate crime is punishable by life imprisonment (such as murder). The court can also impose a fine of up to twice the defendant's illegal profits.
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.
: one who obtains money by an illegal enterprise usually involving intimidation.
Pattern of racketeering activity means engaging in at least two incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of