RICO Laws

The Racketeer Influenced and Corrupt organizations Act (RICO) is a federal law that was originally put in place to combat and persecute Mafia members for leading organized crimes by providing for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal enterprise.  The RICO act does this by identifying 35 total types of crime (27 federal and 8 state), and then stating that any member of a criminal enterprise who has committed any two of those crimes over a ten year period can be charged with racketeering.  Under RICO laws, those found guilty of racketeering face a complete seizure of all their ill-gotten assets, which is often enough to cripple organizations.

Under RICO, assets can be frozen before a trial to ensure they are not liquidated or moved.  RICO also allows for private parties who are harmed or victimized by indicted criminal enterprises to file civil suits and collect treble damages, which triple the amount awarded in a civil trial.  Although RICO was initially used for fighting organized crime and the Mafia, it has been a widely used tool for law enforcement, with notable cases being financier Michael Milken, The Hells Angels Motorcycle Club, the Key West Police Department, and Major League Baseball.

RICO Penalties

RICO charges include any combination of 35 different crimes, among them offenses such as gambling, murder, bribery, money laundering and bank fraud.

Possible Penalties

• Life imprisonment at a federal prison
• Freeze and seizure of all assets and those assets of family members
• Civil suits with treble damages

RICO Sentencing

RICO Offences charges are considered easier to prove in court, as the focus is on patterns of behavior instead of individual criminal acts.  As such, a judge may be inclined to reduce RICO charges if a defendant agrees to provide information about a criminal enterprise or agrees to plead guilty to a lesser charge.  Because RICO involves the potential seizure of all assets along with the criminal and civil charges, a seasoned lawyer is needed to fully protect a defendant’s rights and property.

RICO Charges and Legal Help

RICO laws can paralyze a defendant before they ever even step into court.  With so much at risk, it is imperative a person charged under RICO seeks expert legal counsel.

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