“Advent of the RICO Act
The Racketeer Influenced and Corrupt Organizations (RICO) Act is U.S. federal legislation (signed into law in 1970) that includes 35 offenses under its umbrella of illegal activities, which range from murder and kidnapping to conspiracy and extortion. Several of the crimes that can be prosecuted as racketeering are white-collar crimes, and many today involve the Internet—for example, online gambling rings. Many states have also enacted RICO laws, some of which are considerably broader in scope than the federal statute.
The federal RICO Act was originally devised to help combat organized crime in the United States. Being able to prosecute racketeering strengthened the power of federal investigators by opening an avenue to pursue criminal charges that may have been otherwise left to the consideration of individual states. It also created an avenue to bring charges against individuals prospering from crimes that resulted from their orders but not their direct actions, such as a mob boss commanding a hitman. Using racketeering charges, prosecutors could stack seemingly unrelated crimes against an organization instead of just targeting individuals for single crimes. The penalties were also expanded to include minimum sentences that were longer than those that would have been typically applied for a single crime committed by an individual. Other penalties include fines and forfeiture of property or profits gained during illegal activities. According to the U.S. Department of Justice, there are five tenets to prosecuting and proving a case under the RICO Act:
(1) that an enterprise existed; (2) that the enterprise affected interstate commerce; (3) that the defendant was associated with or employed by the enterprise; (4) that the defendant engaged in a pattern of racketeering activity; and (5) that the defendant conducted or participated in the conduct of the enterprise through that pattern of racketeering activity through the commission of at least two acts of racketeering activity.
The definition of an “enterprise” is purposefully wide to make it applicable to more interpretations. Other guidelines specify that the two acts must have occurred within a decade of each other in order to constitute a pattern. There also must be the implication of continuing criminal activity by the defendant.”
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