The Racketeer Influenced and Corrupt Organizations Act (RICO) was a groundbreaking piece of legislation passed in the United States in 1970 with the goal of financially crippling the Mafia. In addition to being used against members of the Mafia, RICO can also be used in a variety of other circumstances. Under RICO, the scope of potential prosecution against people who participate in organized crime was expanded, along with the penalties upon conviction.
In order for an offender to fall under the RICO rules and be charged with racketeering, he or she must violate two of 35 statutes within 10 years, and the violations must be linked in some way. For example, both rape and murder are included in the RICO rules, but someone who commits a rape and a murder would not necessarily be charged under RICO unless the crimes could be linked to organized crime in some way. Because RICO charges rely on proving a pattern of behavior, rather than specific crimes, they are generally easier to prove in court.
Historically, people brought into court with accusations of participation in organized crime would move to cover up the evidence. Under RICO, the assets of suspects can be frozen, preventing them from hiding their profits until the case can be resolved. If the RICO charge is proved, it can result in up to 20 years imprisonment on each count of racketeering, along with a forfeiture of all racketeering-related assets, including those tied into legitimate businesses. Furthermore, financial damages may also be imposed.
RICO strikes at the financial core of organized crime, by ensuring that legitimate businesses cannot be used as a cover. It also allows civil claims, which means that people who feel that they have been harmed as a result of racketeering can also bring charges, resulting in even more penalties. In order to pursue civil charges under RICO, claimants must be able to fulfill a specific set of criteria.
Because the financial repercussions of a RICO charge can be quite significant, many criminals decide to try to strike a deal. In return for being allowed to keep some of their assets, they may give up other members of a criminal organization, or offer to assist with an investigation. This gives prosecutors a powerful tool to use against organized crime, which can be extremely useful in ongoing investigations where it is difficult to pin down the major players in an organized crime ring.
