Keith Mack
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a federal law in the United States that was enacted in 1970 as part of the Organized Crime Control Act. The law was drafted by G. Robert Blakey, an adviser to the United States Senate Government Operations Committee, under the supervision of Senator John L. McClellan. RICO was established to strengthen legal tools in evidence gathering, impose enhanced sanctions, and provide new remedies for dealing with organized crime. It allows for the prosecution of individuals involved in a corrupt organization, targeting high-ranking members and establishing much harsher sentences.
| Characteristics | Values |
|---|---|
| Name of the Act | Racketeer Influenced and Corrupt Organizations Act |
| Year of enactment | 1970 |
| Enacted by | Title IX of the Organized Crime Control Act |
| Codified at | 18 U.S.C. ch. 96 as 18 U.S.C. §§ 1961–1968 |
| Drafted by | G. Robert Blakey |
| Supervised by | Senator John L. McClellan |
| Signed into law by | U.S. President Richard Nixon |
| Purpose | To eradicate organized crime in the United States |
| Scope | Federal law, with state variations |
| Key features | Enhanced penalties, conspiracy provision, broad definition of "enterprise", civil component |
| Notable cases | United States v. Scotto, United States v. Anthony Salerno, Georgia v. Trump |
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What You'll Learn
What is RICO?
The Racketeer Influenced and Corrupt Organizations Act, commonly known as RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. It was enacted by Title IX of the Organized Crime Control Act of 1970 and is codified at 18 U.S.C. ch. 96 as 18 U.S.C. §§ 1961–1968.
RICO defines an "enterprise" as any individual, partnership, corporation, association, or other legal entity, or group of individuals associated in fact. Racketeering activity encompasses a wide range of crimes, including bribery, extortion, fraud, money laundering, obstruction of justice, and various state offenses. Under RICO, a person who has committed "at least two acts of racketeering activity" from a list of 35 crimes (27 federal crimes and eight state crimes) within a 10-year period can be charged with racketeering if such acts are related in one of four specified ways to an "enterprise."
RICO was created to strengthen legal tools in evidence gathering by establishing new penal prohibitions and providing enhanced sanctions and remedies for dealing with the unlawful activities of those engaged in organized crime. It allows for the tying together of apparently unrelated crimes with a common objective into a prosecutable pattern of racketeering. RICO also provides for severer penalties and permits a defendant to be convicted and punished for both the underlying crimes that constitute the pattern of racketeering activity and for a substantive violation of RICO.
The civil provisions of the RICO Act provide versatility in how the government may work to dissolve criminal entities. Both the criminal and civil components allow the recovery of treble damages (triple the amount of actual/compensatory damages). If the United States government is the plaintiff in civil court, treble damages may be replaced with a request for equitable remedies and preliminary injunctive relief. A US Attorney who indicts someone under RICO has the option of seeking a pre-trial restraining order or an injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property.
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Why was it created?
The Racketeer Influenced and Corrupt Organizations (RICO) Act was created to strengthen legal tools in evidence gathering and provide new remedies for dealing with the unlawful activities of those engaged in organized crime. It was enacted in 1970 as Title IX of the Organized Crime Control Act, though its roots extend as far back as 1950 when the problem of criminal infiltration of legitimate businesses was first documented.
RICO allows prosecutors to tie together seemingly unrelated crimes with a common objective into a prosecutable pattern of racketeering. This pattern of racketeering activity refers to a range of crimes, such as fraud, extortion, bribery, and threats committed for repeated profit, under the disguise of a legitimate business. The law enables courts to prosecute individuals for separate acts that appear unrelated, as part of a criminal conspiracy.
Under RICO, a person who has committed ""at least two acts of racketeering activity" from a list of 35 crimes (27 federal and eight state crimes) within a 10-year period can be charged with racketeering if such acts are related in specified ways to an "enterprise." An "enterprise" is defined broadly and includes any individual, partnership, corporation, association, or other legal entity, as well as any union or group of individuals associated in fact, even if not a legal entity.
The law provides for enhanced penalties and permits defendants to be convicted and punished for both the underlying crimes constituting the pattern of racketeering activity and for a substantive violation of RICO. Those found guilty of racketeering face severe consequences, including fines of up to $25,000 and sentences of up to 20 years in prison per racketeering count. Additionally, the racketeer must forfeit all ill-gotten gains and interest in any business gained through the pattern of "racketeering activity."
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Who drafted it?
The Racketeer Influenced and Corrupt Organizations (RICO) Act was passed by the United States Congress in 1970. G. Robert Blakey, an adviser to the United States Senate Government Operations Committee, drafted the law under the close supervision of Senator John L. McClellan, the Chairman of the Criminal Law and Procedures Subcommittee of the Senate Judiciary Committee.
Blakey, who was born in 1936, later claimed that the resulting law would make fair the fight between legitimate businesses and the twin Goliaths of organized crime and white-collar crime. The law was signed into power by President Richard Nixon.
The RICO Act emerged from a long-standing concern over the activities of organized crime, with efforts to address the issue dating back to Senate investigations in the 1950s. The RICO Act was designed to combat organized crime and its infiltration of legitimate businesses. It was also intended to strengthen the legal tools in evidence gathering by establishing new penal prohibitions and providing enhanced sanctions and new remedies for dealing with the unlawful activities of those engaged in organized crime.
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Who enacted it?
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that was enacted by Title IX of the Organized Crime Control Act of 1970. It was signed into law by US President Richard Nixon. G. Robert Blakey, an adviser to the United States Senate Government Operations Committee, drafted the law under the close supervision of Senator John L. McClellan, the Chairman of the Criminal Law and Procedures Subcommittee of the Senate Judiciary Committee.
The RICO Act was originally passed as part of a larger movement to curb organized crime and to allow victims of organized crime to recover. It provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. Under RICO, a person who has committed at least two acts of racketeering activity from a list of 35 crimes (27 federal crimes and eight state crimes) within a 10-year period can be charged with racketeering if such acts are related in one of four specified ways to an "enterprise."
In the 1970s, prosecutors used the RICO Act to prosecute the Mafia and others who were actively engaged in organized crime. In 1979, the US Attorney's Office in the Southern District of New York employed the RICO Act in United States v. Scotto, where Scotto was convicted of racketeering, accepting unlawful labor payments, and income tax evasion. During the 1980s and 1990s, federal prosecutors continued to use the law to bring charges against several Mafia figures and other organized crime groups, such as the Hells Angels.
Since its enactment in 1970, 33 US states and territories have adopted state RICO laws, which may cover additional state crimes and differ from federal law and each other. The use of the RICO statute requires careful and reasoned application, as it incorporates certain state crimes, and the primary responsibility for enforcing state laws rests with the respective state.
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How is it used today?
The Racketeer Influenced and Corrupt Organizations (RICO) Act was enacted in 1970 to strengthen legal tools in evidence gathering and establish new penal prohibitions. It provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.
In the 1970s, prosecutors used RICO to prosecute the Mafia and others engaged in organized crime. Over time, prosecutors have applied the law more broadly. For instance, in 1980, Louisiana Commissioner of Agriculture and Forestry Gil Dozier was charged with violating RICO laws by compelling companies doing business with his department to make campaign contributions on his behalf. He was convicted and sentenced to 10 years in prison, which was later upgraded to 18 years.
In the 1980s and 1990s, federal prosecutors continued to use RICO to bring charges against Mafia figures. In 1985, United States Attorney Rudy Giuliani indicted 11 organized crime figures, including the heads of New York's "Five Families," using the RICO Act.
More recently, in 2022, rapper Young Thug was arrested in a RICO indictment filed against him and his YSL Records label. The indictment alleged that the label was a street gang involved in violent activity in Georgia.
RICO laws can also be used in civil lawsuit cases or for criminal charges, allowing charges to be brought against individuals or corporations working with law enforcement or those who have sued or filed criminal charges against a defendant. For example, in 1999, the Rampart scandal exposed widespread criminal activity within the Los Angeles Police Department's anti-gang unit. In 2000, Federal District Judge William Rea ruled that the RICO statute could be used to name the entire LAPD as a criminal enterprise for individuals suing over police brutality and misconduct.
Overall, RICO continues to be a powerful tool for prosecutors to address organized crime and hold individuals and organizations accountable for unlawful activities.
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Frequently asked questions
The Racketeer Influenced and Corrupt Organizations (RICO) Act was enacted by Title IX of the Organized Crime Control Act of 1970. G. Robert Blakey, an adviser to the United States Senate Government Operations Committee, drafted the law under the close supervision of Senator John L. McClellan, the Chairman of the Criminal Law and Procedures Subcommittee of the Senate Judiciary Committee. It was signed into law by U.S. President Richard Nixon.
The RICO law was passed to strengthen legal tools in evidence gathering and establish new penal prohibitions to deal with the unlawful activities of those engaged in organized crime. It also provided for enhanced sanctions and new remedies.
The RICO law allows prosecutors to tie together unrelated crimes with a common objective into a prosecutable pattern of racketeering. It also allows for the conviction and separate punishment for both the underlying crimes that constitute the pattern of racketeering activity and for a substantive violation of RICO.
Racketeering refers to a range of crimes, such as fraud, extortion, bribery, and threats committed for repeated profit, under the disguise of a legitimate business.
