The Racketeer Influenced and Corrupt Organizations Act (RICO) was created to financially harm the Mafia but can be used in other situations. Offenders must violate two of 35 statutes within 10 years, and the violations must be related. RICO charges are based on demonstrating a pattern of behavior, making them easier to prove in court. RICO allows for suspects’ assets to be frozen, resulting in up to 20 years in prison on each count of racketeering, forfeiture of all racketeering-related assets, and financial damages. RICO also allows for civil actions and can be used as a tool to identify key players in an organized crime network.
The Racketeer Influenced and Corrupt Organizations Act (RICO) was a revolutionary piece of legislation passed in the United States in 1970 with the aim of financially crippling the Mafia. In addition to being used against members of the Mafia, RICO can also be used in a variety of other circumstances. Under RICO, the scope of potential prosecution of individuals participating in organized crime was expanded, along with penalties upon conviction.
For an offender to fall under RICO rules and be charged with racketeering, they must violate two of 35 statutes within 10 years, and the violations must be related in some way. For example, both rape and murder are included under RICO rules, but someone who commits rape and murder would not necessarily be charged under RICO unless the crimes could be connected in some way to organized crime. Because RICO charges are based on demonstrating a pattern of behavior, rather than specific crimes, they are generally easier to prove in court.
Historically, people brought to court on charges of participating in organized crime would move to cover up evidence. Under RICO, suspects’ assets can be frozen, preventing them from hiding their profits until the case is resolved. If the RICO charge is proven, it can result in up to 20 years in prison on each count of racketeering, along with forfeiture of all racketeering-related assets, including those related to legitimate businesses. In addition, financial damages may also be imposed.
RICO strikes at the financial heart of organized crime, ensuring that legitimate businesses cannot be used as cover. It also allows for civil actions, which means that people who believe they have been harmed as a result of racketeering can also press charges, resulting in even greater penalties. In order to pursue civil charges under RICO, plaintiffs must be able to meet a specific set of criteria.
Because the financial repercussions of a RICO charge can be quite significant, many criminals decide to attempt to close a deal. In exchange for being allowed to keep some of their assets, they may turn over other members of a criminal organization or offer to assist with an investigation. This gives prosecutors a powerful tool to use against organized crime, which can be extremely useful in ongoing investigations where it is difficult to identify key players in an organized crime network.
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