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. 5.14 Michael Conahan and Mark Ciavarella.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 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 M.
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 Little 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.L. 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, 537 U.S. Signed into law by President Richard Nixon on October 15, 1970.Passed the Senate on January 23, 1970 ( 74-1).
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