• RICO - Racketeer Influenced & Corrupt

  • By: Quiet. Please
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RICO - Racketeer Influenced & Corrupt

By: Quiet. Please
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  • Summary

  • RICO stands for the Racketeer Influenced and Corrupt Organizations Act. It's a federal law in the United States designed to combat organized crime by allowing the prosecution and civil penalties for racketeering activity performed as part of an ongoing criminal enterprise.
    Detailed Definition:
    RICO focuses on patterns of illegal activity carried out by organized groups. Under RICO, a person who has committed "at least two acts of racketeering activity" from a list of 35 crimes—27 federal crimes and 8 state crimes—within a 10-year period can be charged with racketeering. If convicted, the individual can face severe penalties, including imprisonment, fines, and forfeiture of assets obtained through the criminal activity.
    Specifics:
    List of RICO Predicates: The offenses that qualify as racketeering activity under RICO include a wide range of illegal activities, such as bribery, kidnapping, gambling, arson, robbery, mail and wire fraud, embezzlement, drug trafficking, and even securities fraud, among others.
    Civil Remedies: Aside from the criminal penalties, RICO also provides for civil remedies. This means that private individuals harmed by the actions of a racketeering enterprise can file a civil suit to recover damages. If successful, they can receive treble (triple) damages.
    Property Forfeiture: A significant provision of RICO is the ability of the government to seize and forfeit assets—like property or money—that are associated with the racketeering activity.
    Leadership Targeting: One of the more controversial aspects of RICO is that it allows leaders of a criminal organization to be tried and punished for crimes which they ordered or assisted others in doing. This means that if a mob boss orders a murder but doesn't carry it out personally, they can still be prosecuted under RICO.
    Examples:
    The Mafia: One of the main reasons RICO was established was to target the Mafia and organized crime families in the U.S. Before RICO, it was difficult to prosecute the higher-ups in these organizations because they rarely committed crimes directly. With RICO, the government was able to target leaders who ordered or were complicit in the criminal activities of their subordinates.
    White-Collar Crime: Although originally designed for organized crime, RICO has been used in white-collar crime cases. For instance, the executives of a corporation that consistently engages in mail or wire fraud as part of its business operations could potentially be prosecuted under RICO.
    Street Gangs: RICO has also been used to target street gangs involved in drug trafficking and other racketeering activities. If a gang's operations involve a pattern of racketeering, its members and leaders can be prosecuted under RICO.
    Major Litigations: RICO has been invoked in major lawsuits, including those against tobacco companies, where it was alleged that the companies engaged in a conspiracy to mislead the public about the dangers of smoking.
    In summary, while the RICO Act was initially aimed at combating traditional organized crime, its broad provisions have made it a versatile tool for prosecutors in addressing a range of illegal activities and enterprises.
    Copyright 2023 Quiet. Please
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Episodes
  • RICO - Racketeer Influenced and Corrupt Organizations Act

    RICO - Racketeer Influenced and Corrupt Organizations Act
    Oct 24 2023
    RICO stands for the Racketeer Influenced and Corrupt Organizations Act. It's a federal law in the United States designed to combat organized crime by allowing the prosecution and civil penalties for racketeering activity performed as part of an ongoing criminal enterprise.
    Detailed Definition:
    RICO focuses on patterns of illegal activity carried out by organized groups. Under RICO, a person who has committed "at least two acts of racketeering activity" from a list of 35 crimes—27 federal crimes and 8 state crimes—within a 10-year period can be charged with racketeering. If convicted, the individual can face severe penalties, including imprisonment, fines, and forfeiture of assets obtained through the criminal activity.
    Specifics:
    List of RICO Predicates: The offenses that qualify as racketeering activity under RICO include a wide range of illegal activities, such as bribery, kidnapping, gambling, arson, robbery, mail and wire fraud, embezzlement, drug trafficking, and even securities fraud, among others.
    Civil Remedies: Aside from the criminal penalties, RICO also provides for civil remedies. This means that private individuals harmed by the actions of a racketeering enterprise can file a civil suit to recover damages. If successful, they can receive treble (triple) damages.
    Property Forfeiture: A significant provision of RICO is the ability of the government to seize and forfeit assets—like property or money—that are associated with the racketeering activity.
    Leadership Targeting: One of the more controversial aspects of RICO is that it allows leaders of a criminal organization to be tried and punished for crimes which they ordered or assisted others in doing. This means that if a mob boss orders a murder but doesn't carry it out personally, they can still be prosecuted under RICO.
    Examples:
    The Mafia: One of the main reasons RICO was established was to target the Mafia and organized crime families in the U.S. Before RICO, it was difficult to prosecute the higher-ups in these organizations because they rarely committed crimes directly. With RICO, the government was able to target leaders who ordered or were complicit in the criminal activities of their subordinates.
    White-Collar Crime: Although originally designed for organized crime, RICO has been used in white-collar crime cases. For instance, the executives of a corporation that consistently engages in mail or wire fraud as part of its business operations could potentially be prosecuted under RICO.
    Street Gangs: RICO has also been used to target street gangs involved in drug trafficking and other racketeering activities. If a gang's operations involve a pattern of racketeering, its members and leaders can be prosecuted under RICO.
    Major Litigations: RICO has been invoked in major lawsuits, including those against tobacco companies, where it was alleged that the companies engaged in a conspiracy to mislead the public about the dangers of smoking.
    In summary, while the RICO Act was initially aimed at combating traditional organized crime, its broad provisions have made it a versatile tool for prosecutors in addressing a range of illegal activities and enterprises.
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    3 mins
Political Science
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