RICO Violations

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RICO Violations
Statute:18 U.S.C. § 1962
U.S. Code:Title 18, Chapter 96
Max Prison:20 years (life if predicate carries life)
Max Fine:$250,000 or 2x gross profits
Guidelines:USSG §2E1.1
Base Level:19 (or greater of predicates)
Agencies:FBI, DEA, ATF, DOJ Organized Crime Section
Related:Conspiracy, Wire Fraud, Drug Trafficking

RICO (Racketeer Influenced and Corrupt Organizations Act) violations under 18 U.S.C. § 1962 are federal crimes targeting patterns of criminal activity conducted through or affecting enterprises. Originally enacted in 1970 to combat organized crime, RICO has since been applied to a wide range of criminal organizations, corporations, and even individual defendants who engage in patterns of racketeering activity.[1]

RICO carries a maximum sentence of 20 years imprisonment per count, or life imprisonment if any predicate offense carries a life sentence. The statute also provides for mandatory forfeiture of all ill-gotten gains and interests in the enterprise.[2]

Types of RICO Violations

Section 1962 creates four distinct offenses:

§ 1962(a) - Investment of Racketeering Income

Prohibits using income derived from a pattern of racketeering activity to acquire an interest in, establish, or operate any enterprise affecting interstate commerce.

§ 1962(b) - Acquiring Interest Through Racketeering

Prohibits acquiring or maintaining an interest in or control of any enterprise through a pattern of racketeering activity.

§ 1962(c) - Conducting Enterprise Affairs

Prohibits any person employed by or associated with an enterprise from conducting or participating in the conduct of the enterprise's affairs through a pattern of racketeering activity. This is the most commonly charged RICO provision.

§ 1962(d) - RICO Conspiracy

Prohibits conspiring to violate any of the other RICO provisions. Unlike general conspiracy, RICO conspiracy does not require an overt act.[1]

Elements of RICO (§ 1962(c))

The most common RICO charge under § 1962(c) requires proof of:

  1. Enterprise: An enterprise engaged in or affecting interstate commerce
  2. Employment/Association: The defendant was employed by or associated with the enterprise
  3. Conduct: The defendant conducted or participated in the conduct of the enterprise's affairs
  4. Pattern of Racketeering Activity: Through a pattern of racketeering activity[3]

Enterprise

An "enterprise" includes:

  • Any individual, partnership, corporation, association, or other legal entity
  • Any union or group of individuals associated in fact although not a legal entity

The enterprise can be legitimate (a corporation, labor union) or illegitimate (an organized crime family, a drug trafficking organization). The Supreme Court has held that an "association in fact" enterprise requires only a common purpose and ongoing organization, with no particular structure required.[4]

Pattern of Racketeering Activity

A "pattern of racketeering activity" requires:

  • At least two acts of "racketeering activity" (predicate acts)
  • The last act occurring within 10 years of a prior act
  • The acts must be related and pose a threat of continued criminal activity

Mere commission of two predicate acts is insufficient; the acts must show continuity and relationship to each other.[5]

Predicate Acts (Racketeering Activity)

"Racketeering activity" is defined in 18 U.S.C. § 1961(1) to include numerous state and federal offenses:

State Offenses:

  • Murder
  • Kidnapping
  • Gambling
  • Arson
  • Robbery
  • Bribery
  • Extortion
  • Drug dealing

Federal Offenses:

  • Bribery (18 U.S.C. § 201)
  • Sports bribery (18 U.S.C. § 224)
  • Counterfeiting (18 U.S.C. § 471)
  • Theft from interstate shipment (18 U.S.C. § 659)
  • Embezzlement from pension funds (18 U.S.C. § 664)
  • Mail fraud (18 U.S.C. § 1341)
  • Wire fraud (18 U.S.C. § 1343)
  • Bank fraud (18 U.S.C. § 1344)
  • Money laundering (18 U.S.C. § 1956, 1957)
  • Obstruction of justice (18 U.S.C. § 1503)
  • Tampering with witnesses (18 U.S.C. § 1512)
  • Drug offenses (21 U.S.C. § 841 et seq.)
  • Immigration offenses (8 U.S.C. § 1324)
  • And many others[6]

Statutory Penalties

Offense Maximum Imprisonment Maximum Fine Forfeiture
RICO violation (§ 1962) 20 years (life if predicate carries life) Greater of $250,000 or 2x gross profits Mandatory
RICO conspiracy (§ 1962(d)) 20 years (life if predicate carries life) Greater of $250,000 or 2x gross profits Mandatory

Mandatory Forfeiture: Upon conviction, defendants must forfeit:

  • Any interest acquired or maintained in violation of RICO
  • Any interest in the enterprise
  • Any property constituting or derived from proceeds obtained from the racketeering activity[2]

Can You Beat a RICO Charge?

RICO charges are notoriously difficult to beat—the federal conviction rate exceeds 90%. However, several defense strategies can be effective:

Attack the Pattern Requirement:

  • Two isolated acts don't constitute a pattern
  • The acts must be related to each other and show continuity
  • If acts are unconnected or ended definitively, pattern may be lacking

Attack the Enterprise:

  • An informal group without common purpose isn't an enterprise
  • The enterprise must be ongoing, not a one-time collaboration
  • Defendant must be distinct from the enterprise

Attack Participation in Conduct:

  • Mere membership or association is insufficient
  • Must have role in directing or managing enterprise affairs
  • Low-level participants may escape RICO liability

Attack the Predicates:

  • Each predicate act must be proven beyond reasonable doubt
  • If underlying crimes fail, RICO fails
  • Statute of limitations may bar older predicates

Severance:

  • Multi-defendant RICO trials create spillover prejudice
  • Arguing for separate trial may improve chances

Most successful RICO defenses focus on defeating the pattern requirement or establishing that the defendant's involvement fell short of "conducting" enterprise affairs. Given the stakes (20+ years, mandatory forfeiture), RICO defendants need experienced federal criminal defense counsel.[7]

Federal Sentencing Guidelines

RICO is sentenced under USSG §2E1.1.

Base Offense Level

The base offense level for RICO is the greater of:

  • 19, or
  • The offense level applicable to the underlying racketeering activity

In practice, this means the offense level is typically driven by the severity of the predicate acts. If the predicates are serious offenses (murder, drug trafficking, large-scale fraud), the offense level will be calculated under those guidelines.[8]

Enhancements

  • +3 levels: If a victim was killed under circumstances that would constitute murder
  • +2 levels: If a firearm was discharged
  • +2 levels: If the offense involved the use of force or threats against a person

Role Adjustments

RICO cases frequently involve organizational role enhancements:

  • Leader/Organizer: +4 levels if the defendant organized or led 5+ participants
  • Manager/Supervisor: +3 levels if the defendant managed 5+ participants

Notable Cases

Mob Prosecutions

RICO was designed for and has been extensively used against organized crime:

  • Gambino Crime Family: Multiple RICO prosecutions have dismantled the leadership of New York's Gambino family, including boss John Gotti
  • Bonanno Crime Family: RICO convictions for murder, extortion, and loansharking
  • Genovese Crime Family: Ongoing RICO prosecutions targeting the largest of New York's five families

Enron (2004)

Former Enron CEO Jeff Skilling was initially charged with RICO violations along with fraud charges related to Enron's collapse. The RICO charges were eventually dropped as part of plea negotiations.[9]

R. Kelly (2021)

Singer R. Kelly was convicted of racketeering and sex trafficking charges. The RICO framework allowed prosecutors to charge Kelly's enterprise—his managers, employees, and associates who facilitated his crimes—as a criminal organization.[10]

NXIVM (2019)

Keith Raniere, leader of the NXIVM organization, was convicted of RICO, sex trafficking, and other charges. The case demonstrated RICO's application to non-traditional criminal enterprises operating under the guise of a self-help organization. Raniere was sentenced to 120 years in federal prison—one of the longest sentences in RICO history for a white-collar defendant.[11]

MS-13 Prosecutions

Federal prosecutors have used RICO extensively against the MS-13 gang, treating the gang as a criminal enterprise and prosecuting members for murders, assaults, and other violent crimes as racketeering activity.

Young Thug / YSL (2022-2024)

Rapper Young Thug (Jeffery Williams) and associates were charged under Georgia's state RICO statute, alleging that his record label YSL (Young Slime Life) operated as a criminal street gang. The case, one of the longest trials in Georgia history, demonstrated RICO's use against hip-hop artists and their organizations.[12]

Statistics

According to the United States Sentencing Commission:

  • Approximately 400-500 defendants are sentenced annually for RICO offenses
  • RICO cases typically involve lengthy investigations and multiple defendants
  • The median sentence for RICO is approximately 72 months
  • Gang and organized crime prosecutions account for the majority of RICO cases
  • White-collar RICO prosecutions have increased in recent years[13]

Defenses

No Enterprise

RICO requires proof that an "enterprise" existed. The defendant may argue that there was no ongoing organization with a common purpose.

No Pattern

Two isolated criminal acts do not constitute a pattern. The defendant may argue that the acts were not related or did not show continuity—a threat of continued criminal activity.

No Participation in Enterprise Affairs

For § 1962(c), the defendant must have conducted or participated in the conduct of the enterprise's affairs. Mere membership in a criminal organization or minimal involvement may be insufficient.

Statute of Limitations

The general statute of limitations for RICO is 5 years from the last act of racketeering. Earlier predicate acts may be time-barred from prosecution.

Civil RICO

While this article focuses on criminal RICO, civil RICO (18 U.S.C. § 1964) allows private plaintiffs to sue for treble damages. Many RICO issues arise in civil litigation.

Civil RICO

In addition to criminal penalties, RICO provides for civil enforcement:

  • Private parties injured by racketeering activity can sue for treble damages
  • The government can seek civil RICO injunctions
  • Civil RICO has been used extensively in business litigation
  • The standard of proof is preponderance of the evidence, not beyond a reasonable doubt

Civil RICO has become a powerful tool for plaintiffs seeking substantial damages in cases involving fraud, extortion, or other racketeering activity.

See also

Frequently Asked Questions

Q: What does RICO stand for?

RICO stands for Racketeer Influenced and Corrupt Organizations Act, enacted in 1970 as part of the Organized Crime Control Act. It targets patterns of criminal activity conducted through enterprises affecting interstate commerce.


Q: What is the sentence for RICO violations?

RICO carries a maximum of 20 years imprisonment per count, or life if any predicate offense carries a life sentence. Conviction also requires mandatory forfeiture of all interests in the enterprise and proceeds of the racketeering activity.


Q: Can you beat a RICO charge?

RICO charges can be beaten by attacking the elements: no enterprise existed, acts weren't related enough for a pattern, or limited involvement. The 90%+ federal conviction rate makes acquittal difficult. Most successful defenses defeat the pattern requirement or establish involvement fell short of "conducting" affairs.


Q: What is a "pattern of racketeering activity"?

A pattern requires at least two predicate acts of racketeering within 10 years that are related and show continuity—a threat of continued criminal activity. The acts must be connected to each other and to the enterprise.


Q: What are predicate acts?

Predicate acts are the underlying crimes that form the basis of a RICO charge. They include dozens of federal and state offenses: murder, robbery, arson, drug trafficking, fraud, bribery, extortion, money laundering, obstruction of justice, and many others.


Q: What is a RICO enterprise?

An enterprise can be any legal entity (corporation, partnership, union) or an "association in fact"—a group of individuals with a common purpose and ongoing organization. The enterprise can be legitimate or illegitimate.


Q: Is RICO only used against the Mafia?

No. While RICO was designed for organized crime, it has been applied to street gangs, corporate fraud, political corruption, sex trafficking (R. Kelly, NXIVM), healthcare fraud, and various other criminal enterprises. Any organization conducting affairs through racketeering activity can be prosecuted.


References

  1. ↑ 1.0 1.1 18 U.S.C. § 1962.
  2. ↑ 2.0 2.1 18 U.S.C. § 1963.
  3. ↑ United States v. Turkette, 452 U.S. 576 (1981).
  4. ↑ Boyle v. United States, 556 U.S. 938 (2009).
  5. ↑ H.J. Inc. v. Northwestern Bell Telephone Co., 492 U.S. 229 (1989).
  6. ↑ 18 U.S.C. § 1961.
  7. ↑ American Bar Association, "RICO: A Brief Primer," Criminal Justice Magazine.
  8. ↑ United States Sentencing Commission, USSG §2E1.1 (2024).
  9. ↑ U.S. Department of Justice, "Former Enron CEO Jeff Skilling Sentenced," October 2006.
  10. ↑ U.S. Department of Justice, "R. Kelly Convicted in Racketeering and Sex Trafficking Case," September 27, 2021.
  11. ↑ U.S. Department of Justice, "NXIVM Leader Keith Raniere Sentenced to 120 Years in Prison," October 27, 2020.
  12. ↑ Atlanta Journal-Constitution, "Young Thug YSL RICO Trial," 2024.
  13. ↑ United States Sentencing Commission, 2023 Annual Report and Sourcebook of Federal Sentencing Statistics.
Federal Offenses


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