The other difference between a civil and criminal RICO claim is the resulting penalties. A civil plaintiff need only convince a jury by a preponderance of evidence that the defendant committed the acts of racketeering whereas, a criminal prosecutor must establish the acts of racketeering beyond the reasonable doubt of the jury. The burden of proof that must be sustained by a civil plaintiff is, however, less onerous than the burden imposed upon criminal prosecutors. A civil plaintiff must not only prove that the defendant engaged in acts if racketeering, but must also prove that these acts constituted a “pattern” and must prove all of the other elements of a civil RICO claim. The federal and most state RICO acts provide for enforcement not only by criminal prosecution but also by civil lawsuit, in which the plaintiff can sue for treble damages.Įvery RICO claim must be based on a criminal violation or, as the statute states, an “act of racketeering.” “Acts of racketeering” are all serious crimes and are listed in section 1961(1) of the RICO Act. Since then, many states have adopted laws based on the federal statute. The federal Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted in 1970 and applies only to activity involving interstate or foreign commerce. Contact us to see how we can work together.Black's Law Dictionary defines racketeering as a pattern of illegal activity such as bribery, extortion, fraud and murder, carried out as part of an enterprise that is owned or controlled by those engaged in the illegal activity. We are selective in the types of cases we represent, focusing on white collar offenses, such as RICO, patient brokering, and healthcare fraud. Ron is well-known in and out of the legal community as a skilled criminal litigator who is respected by judges, prosecutors, and community leaders. That is what attorney Ron Herman provides. When you are up against the full resources of the federal government and a conviction could essentially ruin you financially, professionally, and personally, you want criminal defense counsel that is experienced and will zealously advocate on your behalf. The RICO Act is broad, which allows prosecutors to bring RICO charges in a wide variety of cases. Because of the loss of these assets, the enterprise can suffer irreparable harm and even dismantlement.Īlthough it has roots in the prosecution of organized crime families, RICO charges are not just for the mob. In the event of a conviction, forfeiture of the defendant’s entire interest in the enterprise is handed over to the government. The reasoning behind this was that making the government wait until a guilty verdict was entered would allow time for these assets to be well hidden. RICO rules of procedure allow the government to freeze the assets of the defendant prior to the case even going to trial. In the establishment of RICO, there was the fear that assets associated with the enterprise would disappear before a final judgment was issued. The prison time can increase to up to a life sentence depending on the underlying crime that was committed. A person convicted can face a fine of either $250,000 or double the amount of proceeds earned from illicit activity. Not only does the RICO statute provide for criminal penalties including 20 years of prison, but the financial penalties are severe. The enterprise must be a discrete entity.Ī conviction under RICO has serious consequences. An enterprise may be a legal or an illegal one. These predicate offenses must also have been committed in connection with an enterprise. A person charged with a RICO violation must have been engaging in a minimum of two predicate crimes within a 10-year time frame. Racketeering activity includes:įor RICO purposes, these are considered “predicate” offenses. However, now prosecutors do not just use RICO in mob prosecutions but have also utilized the law to prosecute everything, from street gangs to politicians.Ī violation of RICO occurs when a person, in connection with an enterprise, engages in a pattern of racketeering activity. The RICO Act gave prosecutors the ability to do this. A different mob member would be prosecuted for a particular crime, but prosecutors could not take down the whole criminal organization at once. Prior to the enactment of the RICO Act, prosecutors only had the ability to individually try crime that was mob-related. Passed in 1970, the Racketeer Influenced and Corrupt Organization (RICO) Act aimed to take down organized crime organizations.
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