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Understanding Federal RICO Charges in New York: An Overview

Understanding Federal RICO Charges in New York: An Overview

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law that was passed in 1970 to combat organized crime. RICO makes it illegal for anyone to participate in or operate an enterprise through a pattern of racketeering activity. RICO charges are complex and carry serious penalties, so it’s important to understand what they entail if you or a loved one is facing them.

What Does RICO Prohibit?

There are four key things that RICO prohibits:

• It is unlawful for anyone who has received income from a pattern of racketeering activity to use or invest any of that income in an enterprise.
• It is illegal for anyone to acquire or maintain an interest in an enterprise through a pattern of racketeering activity.
• It is illegal for anyone employed by or associated with an enterprise to conduct the affairs of the enterprise through a pattern of racketeering activity.
• It is unlawful to conspire to violate any of the above prohibitions.

That’s a lot of legal jargon, so let’s break it down. Essentially, RICO targets organized crime by making it a crime to participate in or operate an enterprise, like an organized crime ring, through crimes like extortion, money laundering, and fraud.

What is a Pattern of Racketeering Activity?

A “pattern of racketeering activity” means there have been at least two racketeering acts committed within 10 years of each other. Racketeering acts can include a wide range of state and federal crimes, including:

• Murder
• Kidnapping
• Gambling
• Arson
• Robbery
• Bribery
• Extortion
• Drug trafficking
• Money laundering

So essentially, a pattern of racketeering activity means someone has engaged in at least two instances of these crimes as part of an ongoing criminal enterprise.

What is an Enterprise Under RICO?

An enterprise can include any business or organization, including legitimate businesses as well as criminal organizations like the mafia. Under RICO, an enterprise has to be engaged in or affect interstate or foreign commerce. Some examples of RICO enterprises can include:

• Organized crime families
• Gangs
• Legitimate businesses
• Labor unions
• Political organizations

Recent RICO Cases in New York

Federal prosecutors have brought several high-profile RICO cases in New York in recent years. For example, in November 2023, 10 members and associates of the Gambino crime family were charged in a RICO indictment alleging they engaged in racketeering, extortion, loansharking and obstruction of justice to control businesses in New York’s carting and construction industries.

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RICO charges can also be brought against legitimate organizations in cases of systemic corruption. For example, in 2023 the Newspaper and Mail Deliverers’ Union was charged under New York’s version of RICO laws for alleged corruption in how it selected its leadership.

Penalties for RICO Convictions

A RICO conviction carries serious penalties. If convicted of a RICO offense, defendants face up to 20 years in prison per racketeering act, up to life imprisonment. They also face forfeiture of any property obtained through racketeering activity. RICO also allows for private civil lawsuits against RICO defendants to recover treble damages (three times actual damages).

Defending Against RICO Charges

Fighting federal RICO charges requires an experienced criminal defense attorney. Possible defenses can include:

• Challenging whether a true “enterprise” existed
• Challenging whether there was a “pattern” with at least two predicate acts
• Arguing the defendant did not “participate” in the enterprise
• Attacking the credibility of witnesses/informants

Because RICO cases often rely heavily on informants/cooperators, scrutinizing their credibility is key. It’s also important to analyze whether the government has proof to connect the individual acts into an actual pattern of racketeering activity.

Get Legal Help Today

RICO prosecutions can be complex, but an experienced defense lawyer can carefully analyze the charges and build an aggressive defense. If you or a loved one are facing RICO charges in New York, contact a local criminal defense attorney today.