![]() ![]() ![]() Subsequently, the RICO Act was first used by the US Attorney's Office in the Southern District of New York on September 18, 1979, in United States v. The case did not involve a Mafia crime family. The case was tried successfully by use of the RICO statute in alleging that a gang of postal burglars and a Nevada fence collaborated criminally in an organized crime fashion. Webb in San Francisco, California, Northern District of California. The first-ever RICO trial was conducted in May 1979 in United States v. He once told Time, "We don't want one set of rules for people whose collars are blue or whose names end in vowels, and another set for those whose collars are white and have Ivy League diplomas." īoth the criminal and the civil components allow the recovery of treble damages (triple the amount of actual/compensatory damages).Īlthough its primary intent was to deal with organized crime, Blakey said that Congress never intended it merely to apply to the Mob. A civil RICO action can be filed in state or federal court. In essence, the enterprise is either the 'prize', 'instrument', 'victim', or 'perpetrator' of the racketeers. § 1962(a)) or the defendant(s) acquired or maintained an interest in, or control of, the enterprise through the pattern of racketeering activity (subsection (b)) or the defendant(s) conducted or participated in the affairs of the enterprise "through" the pattern of racketeering activity (subsection (c)) or the defendant(s) conspired to do one of the above (subsection (d)). There must be one of four specified relationships between the defendant(s) and the enterprise: either the defendant(s) invested the proceeds of the pattern of racketeering activity into the enterprise (18 U.S.C. The plaintiff must prove the existence of an "enterprise." The defendant(s) are not the enterprise in other words, the defendant(s) and the enterprise are not one and the same. RICO also permits a private individual "damaged in his business or property" by a "racketeer" to file a civil suit. Despite its harsh provisions, a RICO-related charge is considered easy to prove in court since it focuses on patterns of behavior, as opposed to criminal acts. In many cases, the threat of a RICO indictment can force defendants to plead guilty to lesser charges, in part because the seizure of assets would make it difficult to pay a defense attorney. An injunction or performance bond ensures that there is something to seize in the event of a guilty verdict. That provision was placed in the law because the owners of Mafia-related shell corporations often absconded with the assets. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through a pattern of "racketeering activity." Ī US Attorney who decides to indict someone under RICO has the option of seeking a pre-trial restraining order or injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property and to require the defendant to put up a performance bond. ![]() Under RICO, a person who has committed "at least two acts of racketeering activity" drawn from a list of 35 crimes (27 federal crimes and eight state crimes) within a 10-year period can be charged with racketeering if such acts are related in one of four specified ways to an "enterprise." Those found guilty of racketeering can be fined up to $25,000 and sentenced to 20 years in prison per racketeering count. While its original use in the 1970s was to prosecute the Mafia as well as others who were actively engaged in organized crime, its later application has been more widespread.īeginning in 1972, thirty-three states have adopted state RICO laws to be able to prosecute similar conduct. It was enacted as Title IX of the Organized Crime Control Act of 1970, and signed into law by US President Richard Nixon. Robert Blakey, an adviser to the United States Senate Government Operations Committee, drafted the law under the close supervision of the committee's chairman, Senator John McClellan. 922, enacted October 15, 1970) and is codified at 18 U.S.C. RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970 ( Pub. The Racketeer Influenced and Corrupt Organizations ( RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. National Organization for Women, 547 U.S. National Organization for Women, 537 U.S. Securities Investor Protection Corporation, 503 U.S. ![]()
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