RICO — Conspiracy (18 U.S.C. Sec.1962(d)) is a law that allows federal prosecution of individuals who are part of a conspiracy to commit a variety of different crimes, including racketeering, wire fraud, mail fraud, money laundering, and other related offenses. Under this law, prosecutors must prove that the defendant was part of an “enterprise”, which is defined as any group of individuals who are associated with one another to commit a pattern of criminal activity. The defendant must also have participated in the conspiracy in some way, such as agreeing to commit the offense, planning the offense, committing the offense, or attempting to commit the offense. There are two main types of RICO — Conspiracy offenses: single-victim conspiracies and multiple-victim conspiracies. Single-victim conspiracies involve only one victim and are prosecuted under 18 U.S.C. Sec.1962(d)(1). Multiple-victim conspiracies involve two or more victims and are prosecuted under 18 U.S.C. Sec.1962(d)(2). In either case, the prosecution must prove that the defendant was part of an enterprise, that the defendant agreed to commit the offense, and that the offense was committed in furtherance of the enterprise.
RICO - Conspiracy; Elements of the Offense (18 U.S.C. Sec.1962(d))
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FAQ
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.
The mandatory minimum sentence for someone who is convicted under the CCE statute is at least 20 years in federal prison along with a maximum fine of up to $2 million.
The Racketeer Influenced and Corrupt Organizations Act (RICO) is described, and elements of a civil RICO claim are identified. RICO is a remedial statute which authorizes enhanced criminal penalties and public and private civil suits against violators.
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.
Title 18, United States Code § 2 now provides: (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
? (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.
If you are convicted of racketeering under the federal RICO Act, then you are facing a sentence of up to 20 years in federal prison for each count of racketeering, or, if the RICO charges include predicate crimes punishable by life imprisonment, such as murder, then you could be sentenced to life in prison.
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.