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However, the prosecutor has to prove you earned money or property from the illegal activity, used it to commit the crime, or bought the property with cash gained from the criminal activity. Simply put, if convicted under the RICO Act, you will be facing asset forfeiture, meaning the government can seize money or property connected to the racketeering activity.

Any property derived from the proceeds obtained from racketeering activity or unlawful debt collection.

Any interest in, security of, claim against, or property or contractual right over any business or operation that was established, controlled, or conducted with the proceeds from racketeering activity or unlawful debt.

Any interest they have acquired or maintained with the proceeds from racketeering activity or unlawful debt.

What are the Penalties for Racketeering?įederal racketeering convictions come with a maximum 20-year sentence or a life sentence if the racketeering activity has a maximum penalty that includes it or both.Īnd the defendant will be forced to surrender to the United States government: If they knew about the scheme and agreed to help facilitate it so that, when it was finished, it would violate RICO, they could be charged under this law. Federal Racketeering ConspiracyĪdditionally, defendants may be charged with conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (“RICO”) even if they did not participate in the operation or management of the racketeering activities. Still, the value rate is at least twice the enforceable rate.

If done for financial gain, any action can be punished under the Immigration and Nationality Act.Īny punishable act under section 2332b of the U.S.C relates to acts of terrorism that transcend national borders.Īnd an “unlawful debt” means a debt acquired during gambling in violation of state or federal law and which was acquired in connection with the business of gambling or the business of lending money. RICO is often used to to indict members in an organization for trafficking controlled substances.Īny offense involving fraud connected with a case under title 11, fraud related to the sale of securities, and the felonious manufacture, importation, receiving, concealing, buying, selling, or dealing in a controlled substance or listed chemical.Īny action can be charged under the Currency and Foreign Transactions Reporting Act.

Embezzlement from pension and welfare funds,Īny act relating to dealing with restrictions on payments and loans to labor organizations or relating to embezzlement from union funds.

That is punishable for more than a year under state law.Īny action which is criminal under other sections of the U.S.C., including but not limited to the following:.

Dealing in controlled substances or listed chemicals,.

A “racketeering activity” means any act or threat of action that involves: In the United States, it is illegal for anyone to be paid from a pattern of racketeering activity or collecting an unlawful debt and then using the money to invest in some operation that affects interstate or foreign commerce.įor a pattern of racketeering to exist, there must be at least 2 acts of racketeering activity within ten years of one another. Our Los Angeles criminal defense lawyers will review the laws more closely below. It also allows prosecutors to pursue an indictment against businesses that engage in fraud and extortion.

The RICO Act primarily focused on racketeering activity to profit from organized illegal activity, such as group participation. The federal RICO Act is also commonly used to deal with a broader range of criminal activity committed by extortion and coercion. If members of the organization commit any of the listed federal and state crimes within ten years, the RICO Act applies.įederal prosecutors initially used RICO as a powerful tool to fight organized crime groups that were committing broad illegal activities as a criminal enterprise. Put simply, RICO allows members of criminal enterprises to be charged with racketeering. Instead, it usually appears in the environment of organized crime–gangs, gambling rings, mafia, etc. Racketeering is a federal crime under 18 U.S.C. Now, federal prosecutors possess the authority to indict anyone who is part of the organization or who participates in a criminal enterprise with racketeering activity. RICO allows federal prosecutors to indict anyone in an organization with racketeering activity.