RICO (Racketeer Influenced and Corrupt Organizations) is a federal law, 18 U.S.C. Section 1962(d), that makes it a crime to conspire to violate the other RICO provisions. It is a felony offense that carries a maximum penalty of up to 20 years in prison. Under 18 U.S.C. Sec. 1962(d), it is illegal for any person to conspire with another person to violate any of the provisions of the RICO law, such as the prohibitions on money laundering, extortion, bribery, and fraud. It is not necessary to prove that any of the prohibited acts were actually committed, only that an agreement was made to commit them. There are two types of RICO Conspiracy offenses: an “enterprise conspiracy” and a “pattern of racketeering activity conspiracy.” An “enterprise conspiracy” is when two or more persons conspire to conduct or participate in the affairs of an enterprise through a pattern of racketeering activity. A “pattern of racketeering activity” is two or more related acts of racketeering activity, such as money laundering, extortion, or bribery. The penalties for a RICO Conspiracy offense are severe and may include a maximum of 20 years in prison, fines, and forfeiture of any proceeds from the conspiracy.
RICO - Conspiracy Offense 18 U.S.C. Sec. 1962(d)
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A conviction under RICO has serious consequences. Not only does the RICO statute provide for criminal penalties including 20 years of prison, but the financial penalties are severe. A person convicted can face a fine of either $250,000 or double the amount of proceeds earned from illicit activity.
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.
A conviction under RICO has serious consequences. Not only does the RICO statute provide for criminal penalties including 20 years of prison, but the financial penalties are severe. A person convicted can face a fine of either $250,000 or double the amount of proceeds earned from illicit activity.
For conspiracy, a conviction could mean significant fines and a prison term of up to five years. However, this prison term could be reduced if the conspiracy involved a misdemeanor. A RICO conviction is even higher. In addition to fines and restitution, a RICO conviction could lead to 20 years in federal prison.
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.
For example, if one of the RICO predicate acts is a murder, then if the jury finds the defendant guilty of that murder, then they can get life in prison, or even the death penalty.
Racketeering is a type of organized crime in which the persons set up a coercive, fraudulent, extortionary, or otherwise illegal coordinated scheme or operation (a "racket") to repeatedly or consistently collect a profit.
Is it possible to beat charges for RICO violations? RICO charges are serious federal crimes accompanied by serious consequences. To avoid a conviction for racketeering and a lengthy stay in a federal prison, you need to hire the right attorney. Beating a RICO charge is tough, but it isn't impossible.