The RICO (Racketeer Influenced and Corrupt Organizations) Act plays a significant role in the United States’ battle against organized crime. Knowing which crimes fall under its scope is crucial for those facing RICO charges or individuals seeking to understand this complex law. The following overview will break down the 35 predicate crimes under the RICO Act, clarify some misconceptions you may have about RICO from pop culture, and provide insight into the legal consequences of these offenses.
Understanding the RICO Act
The Organized Crime Control Act of 1970 established the RICO Act. Its purpose was to combat organized crime by concentrating on the leaders of criminal organizations. In the past, such leaders could otherwise evade justice by disconnecting themselves from the crimes their lower-level associates performed on their behalf.
The law’s broad application means that individuals or organizations involved in repeated criminal activities could face serious legal repercussions—even for crimes they didn’t commit. Both federal and state governments can enforce RICO laws, although enforcement methods for each may vary.
Important Note: “Under 18 U.S.C. § 1961, many offenses are classified as predicate crimes for RICO violations, including fraud, bribery, and embezzlement.”
The 35 Predicate Crimes under the RICO Act
Below are the 35 predicate crimes recognized under 18 U.S.C. § 1961:-
- Bribery (18 U.S.C. § 201): Offering, giving, receiving, or soliciting anything of value to influence the actions of an official or other person in a position of authority.
- Sports Bribery (18 U.S.C. § 224): Illegally influencing the outcome of a sports event through bribery.
- Counterfeiting (18 U.S.C. §§ 471, 472, and 473): Producing imitation currency or goods with the intent to deceive and defraud.
- Theft from Interstate Shipment (18 U.S.C. § 659): Stealing goods that are part of interstate commerce.
- Embezzlement from Pension and Welfare Funds (18 U.S.C. § 664): Wrongfully taking money or property from a pension or welfare fund.
- Extortionate Credit Transactions (18 U.S.C. §§ 891-894): Lending money at exorbitant interest rates, often using threats of violence or coercion to ensure repayment.
- Fraud Related to Identification Documents (18 U.S.C. § 1028): Producing or using false identification documents for fraudulent purposes.
- Fraud Related to Access Devices (18 U.S.C. § 1029): Fraudulently using devices such as credit cards or account numbers to obtain goods or services.
- Transmission of Wagering Information (18 U.S.C. § 1084): Transmitting gambling-related information across state lines.
- Mail Fraud (18 U.S.C. § 1341): Using the postal service to commit fraud, such as sending misleading advertisements.
- Wire Fraud (18 U.S.C. § 1343): Engaging in fraudulent schemes via electronic communication, including phone or internet.
- Financial Institution Fraud (18 U.S.C. § 1344): Deceiving a financial institution to gain money or property.
- Unlawful Procurement of Citizenship or Naturalization (18 U.S.C. § 1425): Illegally obtaining citizenship or naturalization through fraud.
- Reproduction of Naturalization or Citizenship Papers (18 U.S.C. § 1426): Creating or distributing false documents related to citizenship.
- Sale of Naturalization or Citizenship Papers (18 U.S.C. § 1427): Selling falsified citizenship documents for financial gain.
- Obscene Matter (18 U.S.C. §§ 1461-1465): Distributing obscene materials through interstate commerce.
- Obstruction of Justice (18 U.S.C. § 1503): Interfering with the administration of justice, including tampering with witnesses or jurors.
- Obstruction of Criminal Investigations (18 U.S.C. § 1510): Interfering with ongoing criminal investigations through threats or coercion.
- Obstruction of State or Local Law Enforcement (18 U.S.C. § 1511): Hindering the efforts of state or local law enforcement officials.
- Tampering with a Witness, Victim, or Informant (18 U.S.C. § 1512): Influencing or threatening a witness, victim, or informant to alter their testimony.
- Retaliating Against a Witness, Victim, or Informant (18 U.S.C. § 1513): Seeking revenge against individuals who cooperate with law enforcement.
- False Statements in Passport Applications and Use (18 U.S.C. § 1542): Making false statements on applications for passports.
- Forgery or False Use of Passports (18 U.S.C. § 1543): Using forged passports or misusing legitimate passports.
- Misuse of Passports (18 U.S.C. § 1544): Using a passport in a manner not authorized by law.
- Fraud and Misuse of Visas, Permits, and Other Documents (18 U.S.C. § 1546): Engaging in fraudulent activities related to visas or other immigration documents.
- Peonage, Slavery, and Trafficking in Persons (18 U.S.C. §§ 1581-1592): Holding individuals in servitude or slavery through force or coercion.
- Interference with Commerce by Threats or Violence (18 U.S.C. § 1951): Using threats or violence to affect commerce.
- Interstate and Foreign Travel or Transportation in Aid of Racketeering Enterprises (18 U.S.C. § 1952): Traveling across state lines to further a criminal enterprise.
- Interstate Transportation of Wagering Paraphernalia (18 U.S.C. § 1953): Transporting items used for illegal gambling across state lines.
- Unlawful Welfare Fund Payments (18 U.S.C. § 1954): Illegally obtaining or distributing welfare funds.
- Prohibition of Illegal Gambling Businesses (18 U.S.C. § 1955): Operating an illegal gambling business that violates state or federal laws.
- Money Laundering (18 U.S.C. §§ 1956 and 1957): Concealing the origins of illegally obtained money through complex financial transactions.
- Murder-for-Hire (18 U.S.C. § 1958): Hiring someone to commit murder on behalf of the person hiring.
- Sexual Exploitation of Children (18 U.S.C. §§ 2251-2252): Involvement in the production or distribution of child pornography.
- Interstate Transportation of Stolen Property (18 U.S.C. §§ 2312-2315): Transporting stolen goods across state lines for resale or distribution.
These predicate crimes illustrate the vast scope of activities that can lead to RICO charges. Prosecutors leverage this comprehensive list to dismantle criminal enterprises and hold those who contribute to organized crime accountable. Again, this can also include those who indirectly contribute to organized crime.
Legal Consequences and Defenses for RICO Violations
The potential penalties for RICO violations are severe. They can include significant fines, lengthy prison sentences, and asset forfeiture. The consequences depend on the nature of the predicate crimes involved and the defendant’s role in the criminal enterprise.
Potential Penalties
- Fines: Financial penalties can be substantial, as they’re meant to strip criminals of profits from illegal activities.
- Imprisonment: Convictions can lead to lengthy prison terms, sometimes up to 20 years per RICO violation.
- Asset Forfeiture: Defendants may be required to forfeit property or money obtained through criminal enterprises.
Statute Reference: “18 U.S.C. § 1961 lists the specific crimes that serve as predicate offenses under the RICO Act.”
Defense Strategies
Defending against RICO charges can be complex. In a RICO case, the right strategy has a crucial impact on the outcome. Common defense tactics include:
- Challenging the Existence of an “Enterprise”: Arguing that the alleged organization does not meet the legal criteria of an enterprise under RICO.
- Disputing the Pattern of Criminal Activity: Proving that the claimed actions don’t form any criminal pattern needed to establish RICO violations.
- Proving Lack of Intent: Showing that the defendant did not knowingly participate in the criminal enterprise.
Given the complexities involved, seeking legal counsel experienced in Criminal Defense cases is essential.
Common Misconceptions About RICO Charges
Misconception 1: RICO Charges Are Only for Mafia-Related Crimes
Many people think RICO charges only apply to mafia organizations or traditional crime families. This is likely because most people know of RICO laws via pop culture. However, in reality, these laws target a wide range of criminal activities, including white-collar crimes.
Misconception 2: All RICO Crimes Must Be Violent
RICO cases frequently involve non-violent offenses such as fraud, bribery, and other financial crimes. The focus is on a criminal enterprise and a pattern of illegal activity, not necessarily on violence.
Misconception 3: Only Criminals Can Be Charged Under RICO
RICO can be used against businesses and individuals involved in corrupt practices—even those that don’t fit the typical image of a criminal organization. This broad application has led to the prosecution of corporate entities and corrupt officials.
Frequently Asked Questions
What is the purpose of the RICO Act?
The RICO Act aims to combat organized crime by prosecuting individuals involved in a pattern of criminal activity.
Can non-violent crimes be prosecuted under the RICO Act?
Yes, crimes like fraud and bribery can also lead to RICO charges as long as they’re part of an organized scheme.
What defenses are available against RICO charges?
Challenging the existence of a criminal business or the pattern of illegal activities is a common defense.
How can businesses be implicated in RICO cases?
Companies can face RICO charges if they engage in corrupt practices or knowingly support criminal operations.
Are RICO charges only applicable to federal crimes?
RICO laws can be enforced at federal and state levels. The nature of the offense can influence the nature of enforcement.
Get Help with Your RICO Case
Understanding the 35 crimes under the RICO Act is crucial for grasping the law’s impact on both traditional and non-traditional organized crime. When facing accusations, it’s essential to know the scope of these charges and the defenses available. While RICO cases are complex and carry severe penalties, an expert’s legal guidance can help you navigate these challenges.
If you’re facing RICO charges or need legal advice on any criminal matter, don’t approach these challenges alone. At Riccio Law, Attorney Anthony Riccio is dedicated to providing personalized, expert guidance to protect your rights and build a strong defense.
Contact us today to schedule a free consultation and get the legal support you deserve. Let us help you understand your options and take the first step toward securing your future.
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