What is a RICO Violation?
A RICO violation occurs when an individual or entity engages in a pattern of racketeering activity as part of an ongoing criminal enterprise. Originally enacted under the Racketeer Influenced and Corrupt Organizations Act of 1970, this federal law was designed to combat organized crime by allowing prosecutors to charge both those who commit crimes and the leaders who order them.
The RICO statute is very nuanced and there are hundreds of federal cases which examine the elements of the crime and how they are proven.
Key Requirements for a RICO Charge
To establish a RICO violation, the government must prove four specific elements:
The Enterprise: There must be an ongoing legal or illegal entity (such as a corporation, gang, or political group) that functions as a distinct unit.
Affecting Interstate Commerce: The activities of the enterprise must have some impact on trade or travel between states.
Pattern of Racketeering: The defendant must commit at least two "predicate acts" of racketeering within a 10-year period.
Relationship and Continuity: The crimes must be related to one another (not random) and show a threat of continued criminal activity.
Common Predicate Acts
"Racketeering activity" covers a wide range of federal and state crimes, known as predicate acts. Common examples include:
Financial Crimes: Bribery, counterfeiting, embezzlement, and money laundering.
Violent Crimes: Murder, kidnapping, arson, and robbery.
Obstruction: Witness tampering and obstruction of justice.
Trade Crimes: Drug trafficking, human trafficking, and mail or wire fraud.
Civil vs. Criminal RICO
| Feature | Criminal RICO | Civil RICO |
| Brought By | Federal Government | Private individuals or businesses |
| Burden of Proof | Beyond a reasonable doubt | Preponderance of the evidence |
| Penalties | Fines and up to 20 years in prison per count | Triple damages (treble damages) and legal fees |
The "Kingpin" Factor: The most powerful aspect of RICO is that it eliminates the "defense of distance." A boss who never personally commits a robbery can still be convicted if they directed the enterprise that carried it out.
For the Best RICO defense you need an expert motion attorney and trial attorney. Call Daniel Horowitz for this "best defense" at 925-283-1863.
Daniel Horowitz is an experienced federal criminal defense lawyer and a trial court veteran. If you are facing RICO charges call Daniel Horowitz at 925-283-1863.
