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The Racketeer Influenced and Corrupt Organizations Act (commonly referred to as RICO Act or RICO) is a United States federal law that provides for extended penalties for criminal acts performed as part of an ongoing criminal organization. RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970 (Pub.L. 91-452, 84 Stat. 922, enacted 1970-10-15). RICO is codified as Chapter 96 of Title 18 of the United States Code, 18 U.S.C. § 1961–1968. It was intended to make it easier to prosecute organized crime figures, but has been applied in several other cases as well. Image File history File links Emblem-important. ... The United States Code (U.S.C.) is a compilation and codification of the general and permanent federal Law of the United States. ... It has been suggested that this article or section be merged into Organized crime. ... The Organized Crime Control Act of 1970 was a Congressional bill signed into law by U.S. President Richard M. Nixon. ... This article or section does not adequately cite its references or sources. ... The United States Statutes at Large, commonly referred to as the Statutes at Large, is the official source for the laws and resolutions passed by Congress. ... Year 1970 (MCMLXX) was a common year starting on Thursday (link shows full calendar) of the Gregorian calendar. ... is the 288th day of the year (289th in leap years) in the Gregorian calendar. ... Title 18 of the US Code deals with Crimes and Criminal Proceedings in five parts: Part I - Crimes Part II - Criminal Procedure Part III - Prisons and Prisoners Part IV - Correction of Youthful Offenders Part V - Immunity of Witnesses Title 18, specifically Part 1 > Chapter 113B > § 2331 and § 2332a(a)), is... Title 18 of the US Code deals with Crimes and Criminal Proceedings in five parts: Part I - Crimes Part II - Criminal Procedure Part III - Prisons and Prisoners Part IV - Correction of Youthful Offenders Part V - Immunity of Witnesses Title 18, specifically Part 1 > Chapter 113B > § 2331 and § 2332a(a)), is... Organized crime or criminal organizations are groups or operations run by criminals, most commonly for the purpose of generating a monetary profit. ...

It has been speculated that the name and acronym were selected in a sly reference to the movie Little Caesar, which featured a notorious gangster named Rico. The original drafter of the bill, G. Robert Blakey, refused to confirm or deny this.^[1] Professor G. Robert Blakey, the nation’s foremost authority on the Racketeer Influenced and Corrupt Organization Act (RICO), has served on the Notre Dame Law School faculty for more than 20 years, from 1964 to 1969 and since 1980. ...

Summary

Under RICO, a person or group who commits any two of 35 crimes—27 federal crimes and 8 state crimes—within a 10-year period and, in the opinion of the United States Attorney bringing the case, has committed those crimes with similar purpose or results can be charged with racketeering. Those found guilty of racketeering can be fined up to $25,000 and/or sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through a pattern of "racketeering activity." United States Attorneys (also known as federal prosecutors) represent the U.S. federal government in United States district court and United States court of appeals. ... Organized crime is crime carried out systematically by formal criminal organizations. ...

When the U.S. Attorney decides to indict someone under RICO, he 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, as well as require the defendant to put up a performance bond. This provision was placed in the law because the owners of Mafia-related shell corporations often absconded with the assets. An injunction and/or performance bond ensures that there is something to seize in the event of a guilty verdict. An injunction is an equitable remedy in the form of a court order that either prohibits or compels (enjoins or restrains) a party from continuing a particular activity. ...

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. Despite its harsh provisions, a RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts.^[2]

There is also a provision for private parties to sue. A "person damaged in his business or property" can sue one or more "racketeers." The plaintiff must prove the existence of a "criminal enterprise." The defendant(s) are not the enterprise; in other words, the defendant(s) and the enterprise are not one and the same. There must be one of four specified relationships between the defendant(s) and the enterprise. This lawsuit, like most Federal civil lawsuits, can take place in either Federal or State court. [1]

Both the federal and civil components allow for the recovery of treble damages (damages in triple the amount of actual/compensatory damages). Treble damages, in law, is a term that indicates that a statute permits a court to triple the amount of the actual damages to be awarded to a prevailing party, generally in order to punish the losing party for willful conduct. ...

Although its primary intent was to deal with organized crime, Blakey said that Congress never intended it to merely apply to the Mob. He once told Time, "We don't want one set of rules for people whose collars are blue or whose names end in vowels, and another set for those whose collars are white and have Ivy League diplomas."^[2] “TIME” redirects here. ...

RICO offenses

Under the law, racketeering activity means:

• Any violation of state statutes against gambling, murder, kidnapping, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in the Controlled Substances Act);
• Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and several other offenses covered under the Federal criminal code (Title 18);
• Embezzlement of union funds;
• Bankruptcy or securities fraud;
• Drug trafficking;
• Money laundering and related offenses;
• Bringing in, aiding or assisting aliens in entering the country (if the action was for financial gain);
• Acts of terrorism.

Pattern of racketeering activity requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity. The U.S. Supreme Court has instructed federal courts to follow the continuity plus relationship test in order to determine whether the facts of a specific case give rise to an established pattern. Predicate acts are related if they "have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events." H.J. Inc. v. Northwestern Bell Telephone Co. Continuity is both a closed and open ended concept, referring to either a closed period of conduct, or to past conduct that by its nature projects into the future with a threat of repetition. Gamble redirects here. ... The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ... Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ... Extortion is a criminal offense, which occurs when a person either obtains money, property or services from another through coercion or intimidation or threatens one with physical harm unless they are paid money or property. ... Obscenity in Latin obscenus, meaning foul, repulsive, detestable, (possibly derived from ob caenum, literally from filth). The term is most often used in a legal context to describe expressions (words, images, actions) that offend the prevalent sexual morality of the time. ... This box:      The Controlled Substances Act (CSA) was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. ... Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ... A counterfeit is an imitation that is made with the intent to deceptively represent its content or origins. ... A young waif steals a pair of boots Stealing redirects here. ... Slave redirects here. ... Organized crime is crime carried out systematically by formal criminal organizations. ... Money laundering is the practice of engaging in financial transactions in order to conceal the identity, source and destination of the money in question. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Title 18 of the US Code deals with Crimes and Criminal Proceedings in five parts: Part I - Crimes Part II - Criminal Procedure Part III - Prisons and Prisoners Part IV - Correction of Youthful Offenders Part V - Immunity of Witnesses Title 18, specifically Part 1 > Chapter 113B > § 2331 and § 2332a(a)), is... The Lawrence textile strike (1912), with soldiers surrounding peaceful demonstrators A trade union or labor union is an organization of workers who have banded together to achieve common goals in key areas such as wages, hours, and working conditions, forming a cartel of labour. ... The United States Constitution (Article 1, Section 8, Clause 4), authorizes Congress to enact uniform Laws on the subject of Bankruptcies throughout the United States. ... For a discussion of the legal actions for securities fraud in the United States under the Securities Exchange Act of 1934 and SEC Rule 10b-5 promulgated thereunder, see the Wiki entry for the Private Securities Litigation Reform Act. ... Retail selling Street selling is the bottom of the chain and can be accomplished through purchasing from prostitutes, through cloaked retail stores or refuse houses for users in the act located in red-light districts which often also deal in paraphernalia, dealers marketing merriment at night clubs and other events... Money laundering is the practice of engaging in financial transactions in order to conceal the identity, source and destination of the money in question. ... In U.S. law, an alien is a term Americans use for a person who owes political allegiance to another country or government and not a native or naturalized citizen of the land where they are found. ... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ...

Where RICO laws might be applied

Although some of the RICO predicate acts are extortion and blackmail, one of the most successful applications of the RICO laws has been the ability to indict or sanction individuals for their behavior and actions committed against witnesses and victims in alleged retaliation or retribution for cooperating with law enforcement or intelligence agencies. Extortion is a criminal offense, which occurs when a person either obtains money, property or services from another through coercion or intimidation or threatens one with physical harm unless they are paid money or property. ... For other uses, see Blackmail (disambiguation). ...

The RICO laws can be alleged in cases where civil lawsuits or criminal charges are brought against individuals or corporations in retaliation for said individuals or corporations working with law enforcement, or against individuals or corporations who have sued or filed criminal charges against a defendant.

Anti-SLAPP (strategic lawsuit against public participation) laws can be applied in an attempt to curb alleged abuses of the legal system by individuals or corporations who utilize the courts as a weapon to retaliate against whistle blowers, victims, or to silence another's speech. RICO could be alleged if it can be shown that lawyers and/or their clients conspired and collaborated to concoct fictitious legal complaints solely in retribution and retaliation for themselves having been brought before the courts. A Strategic Lawsuit Against Public Participation (SLAPP) is a form of litigation filed by a large organization or in some cases an individual plaintiff, to intimidate and silence a less powerful critic by so severely burdening them with the cost of a legal defense that they abandon their criticism. ... Two legal concepts go by the name barratry: one in criminal and civil law, the other in admiralty law. ... A whistleblower is an employee, former employee, or member of an organization who reports misconduct to people or entities that have the power to take corrective action. ...

Famous cases

Hells Angels Motorcycle Club

In 1979, the United States federal government went after Sonny Barger and several members and associates of the Oakland chapter of the Hells Angels using RICO. In United States of America v. Ralph Barger, Jr., et al, the prosecution team attempted to demonstrate a pattern of behavior to convict Barger and other members of the club of RICO offenses related to guns and illegal drugs. The jury acquitted Barger on the RICO charges with a hung jury on the predicate acts: "There was no proof it was part of club policy, and as much as they tried, the government could not come up with any incriminating minutes from any of our meetings mentioning drugs and guns".^[3][4]. Sonny Barger (born ?1939) is a founding member of the original Oakland, California chapter of Hells Angels, and perhaps the best-known member of the Hells Angels. ... This article is about the Hells Angels Motorcycle Club. ...

Frank Tieri

On November 21, 1980, Genovese crime family boss Frank "Funzi" Tieri was the first Mafia boss to be convicted under the RICO Act. is the 325th day of the year (326th in leap years) in the Gregorian calendar. ... Year 1980 (MCMLXXX) was a leap year starting on Tuesday (link displays the 1980 Gregorian calendar). ... The Genovese crime family is one of the Five Families that controls organized crime activities in New York City, USA, within the nationwide criminal phenomenon known as the Mafia (or Cosa Nostra). ... Frank Tieri (February 22, 1904 - March 31, 1981) was a high-ranking member of the New York Mafia. ... This article is about the criminal society. ...

Key West PD

In June 1984, the Key West Police Department in Monroe County, FL was declared a criminal Enterprise under the Federal RICO statutes after a lengthy United States Department of Justice investigation. Several high-ranking officers of the department, including Deputy Police Chief Raymond Cassamayor, were arrested on federal charges of running a protection racket for illegal cocaine smugglers. ^[5] At trial, a witness testified he routinely delivered bags of cocaine to the Deputy Chief's office at City Hall. ^[6] Map of Key West Key West is a city located in Monroe County, Florida. ... A car of the Devon and Cornwall Constabulary, England Police forces are government organisations charged with the responsibility of maintaining law and order. ... Monroe County is a county located in the state of Florida. ... This article is about the federal government of the United States. ... The Robert F. Kennedy Department of Justice Building in Washington, D.C. “Justice Department” redirects here. ... A protection racket is an extortion scheme whereby a powerful organization coerces individuals or businesses to pay protection money which allegedly serves to purchase the organizations protection services against various external threats, whereas the actual threat comes from the organization itself. ... For other uses, see Cocaine (disambiguation). ... Look up trial in Wiktionary, the free dictionary. ... For other uses, see Cocaine (disambiguation). ...

Michael Milken

On March 29, 1989, financier Michael Milken was indicted on 98 counts of racketeering and fraud relating to an investigation into insider trading and other offenses. Milken was accused of using a wide-ranging network of contacts to manipulate stock and bond prices. It was one of the first occasions that a RICO indictment was brought against an individual with no ties to organized crime. Milken plead guilty to six lesser offenses rather than face spending the rest of his life in prison. Michael Robert Milken, born July 4, 1946, in Encino, California, is an American financier best known as the Junk Bond King of 1980s era Wall Street. ... Insider trading is the trading of a corporations stock or other securities (e. ...

On September 7, 1988, Milken's employer, Drexel Burnham Lambert, was also threatened with a RICO indictment under the legal doctrine that corporations are responsible for their employees' crimes. Drexel avoided RICO charges by pleading guilty to lesser felonies; a RICO indictment would have almost certainly put Drexel out of business since its capital would have been tied up in its defense,^[2] and banks will not extend credit to securities firms under RICO indictments. Drexel Burnham Lambert was one of the most profitable Wall Street investment banking firms during the late 1970s and most of the 1980s. ...

Major League Baseball

In 2002, the former minority owners of the Montreal Expos baseball team filed charges under the RICO Act against Major League Baseball commissioner Bud Selig and former Expos owner Jeffrey Loria, claiming that Selig and Loria deliberately conspired to devalue the team for personal benefit in preparation for a move. If found guilty, Major League Baseball could have been found liable for up to $300 million in punitive damages. The case lasted for two years, successfully stalling the Expos' move to Washington or contraction during that time. It was eventually sent to arbitration and settled for an undisclosed sum, permitting the move to Washington to take place. This article describes the now defunct Canadian baseball team. ... Major Leagues redirects here. ... Allan Huber Bud Selig, Jr. ... Jeffrey H. Loria is an art dealer and an owner of professional baseball teams, and is one of the most popular topics for college research papers. ... Punitive damages are damages awarded to a successful plaintiff in a civil action, over and above the amount of compensatory damages, to: punish the conduct of the civil defendant; deter the civil defendant from committing the invidious act again; and deter others from doing the same thing. ... Major league affiliations National League (1969–present) East Division (1969–present) Current uniform Retired Numbers 42 Name Washington Nationals (2005–present) Montreal Expos (1969-2004) Other nicknames The Nats Ballpark Nationals Ballpark (2008–present) RFK Stadium 2005-2007 Hiram Bithorn Stadium[3] (San Juan) (2003-2004) Olympic Stadium (Montreal) (1977... Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the arbitrators or arbitral tribunal), by whose decision (the award) they agree to be bound. ...

Pro Life Activists

RICO laws were unsuccessfully cited in NOW v. Scheidler, a suit in which certain parties sought damages and an injunction against pro life activists who physically block access to abortion clinics. NOW v. ... Activism, in a general sense, can be described as intentional action to bring about social or political change. ...

vs. RIAA

In 2005, Tanya Andersen of Oregon responded to a lawsuit on behalf of Atlantic Records by in turn suing them under the RICO laws. Her suit alleges that RIAA members, in this particular case Atlantic, engaged in illegal computer trespass, extortion, and unfair trade practices under Oregon state law. This article is about the U.S. state. ... Civil action redirects here. ... Atlantic Records (Atlantic Recording Corporation) is an American record label, and operates as a wholly owned subsidiary of Warner Music Group. ... The RIAA Logo. ...

Mohawk Industries

On April 26, 2006 the Supreme Court heard Mohawk Industries, Inc. v. Williams, which concerned what sort of corporations fell under the scope of RICO. Mohawk Industries had allegedly hired illegal aliens, in violation of RICO. The court will decide whether or not Mohawk Industries, along with recruiting agencies, constitutes an 'enterprise' that can be prosecuted under RICO. is the 116th day of the year (117th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... Mohawk Industries, Inc. ... Illegal Aliens is a 2007 movie starring Anna Nicole Smith and Joanie Laurer. ...

Latin Kings

On August 20, 2006 in Tampa, Florida most of the state leadership members of the street gang, the Latin Kings, were arrested in connection with RICO conspiracy charges to engage in racketeering and currently await trial. The operation, called "Down Crown," targeted statewide leadership of the Latin Kings. The raid occurred at the Caribbean American Club. Along with Tampa sheriff’s deputies, agents with the Tampa PD, the State Attorney’s Office, the FBI, Immigration and Customs Enforcement and the federal Bureau of Alcohol, Tobacco and Firearms were involved in the operation. Included in the arrest were Luis Hernandez, Celina Hernandez, Michael Rocca, Jessica Ramirez, Reinaldo Arroyo, Samual Alvarado, Omari Tolbert, Edwin DeLeon, and many others, totalling 39. Tampa redirects here. ... A gang is a group of individuals who share a common identity and, in current usage, engage in illegal activities. ...

Gambino Crime Family

Also, in Tampa, on October 16, 2006, four members of the Gambino Crime Family (Terry Scaglione, Ronald Trucchio, Steven Catallono and associate Kevin McMahon) were tried under RICO statutes, found guilty and sentenced to life in prison. John Gotti, The Dapper Don The Gambino Crime Family is one of the Five Families that controls organized crime activities based in New York City, United States, within the nationwide criminal phenomenon known as the Mafia (or Cosa Nostra). ... Life imprisonment is a term used for a particular kind of sentence of imprisonment. ...

References

1. ^ RICO Suave. Snopes.com (21 December 2004). Retrieved on 2006-03-26.
2. ^ ^{a b c} Showdown At Gucci - TIME
3. ^ Hell's Angel: The Life and Times of Sonny Barger and The Hell's Angels Motorcycle Club, Ralph 'Sonny' Barger, with Keith and Kent Zimmerman, 2000
4. ^ Organized Crime Research. Klaus von Lampe (2000). Retrieved on 2007-12-08.
5. ^ Key West Police Department Called a 'Criminal Enterprise' - New York Times
6. ^ Keys have long history of corruption

is the 355th day of the year (356th in leap years) in the Gregorian calendar. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... March 26 is the 85th day of the year (86th in leap years) in the Gregorian calendar. ... Year 2000 (MM) was a leap year starting on Saturday. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 342nd day of the year (343rd in leap years) in the Gregorian calendar. ...

External links

• RICO Act from Cornell University's U. S. Code database