RICO

 Racketeer Influenced and Corrupt Organizations Act 

WHAT IS RICO?

RICO is the charge that encompasses “other” crimes. It involves at least two (2) “predicate acts” occurring within 10 years of each other. The government utilizes this broad tool when they believe they can establish a pattern of conduct for the benefit of an organization or group involved in alleged criminal activity. 

Initially for Mafia interference with legitimate businesses, the government now uses it to cast a wide net over any group of people the government considers an organization. Impressively, formal organization or hierarchy within a group is not required. Instead of Congress passing laws that directly criminalize or civilly penalize activity, courts allow an interpretation of RICO far broader than its initial intent. 

Frequently used in criminal court to prosecute street gangs, motorcycle or bike gangs, union leaders, and other groups of people the government determines is up to no good. 

Click here for the extensive list of crimes included in the statute.

The government usually charges multiple people, and frequently charges each person with their own set of charges. These cases can become complicated with each person requiring their own defense for their unique set of charges.

The potential penalties range depending on the particular predicate acts of each individual. Some people on an indictment may face death penalty charges, while other people on the same indictment face prison time for non-violent offenses - all under RICO. 

Let Us Help

It is best to hire an attorney experienced with the defenses and mitigation that can help resolve your case.  The Law Office of Melissa Bobrow has a proven track record of successfully representing people in the Central and Southern District of California charged under RICO. Call us today for a free consultation.



18 USC § 1961

The statute, 18 United States Code § 1961, lists the potential crimes that fall under RICO.

A) any act or threat involving 

  • murder, 

  • kidnapping, 

  • gambling, 

  • arson, 

  • robbery, 

  • bribery, 

  • extortion, 

  • dealing in obscene matter, or

  • dealing in a controlled substance or listed chemical as defined in section 102 of the Controlled Substances Act, which is chargeable under State law and punishable by imprisonment for more than one year; 

B) acts related to:

  • Bribery;

  • sports bribery;

  • Counterfeiting;

  • theft from interstate shipment 

  • embezzlement from pension and welfare funds 

  • extortionate credit transactions 

  • relating to straw purchasing,

  • relating to trafficking in firearms,

  • relating to fraud and related activity in connection with identification documents, 

  • relating to fraud and related activity in connection with access devices,

  • relating to the transmission of gambling information, 

  • relating to mail fraud,

  • relating to wire fraud,

  • relating to financial institution fraud, 

  • relating to fraud in foreign labor contracting,

  • relating to the procurement of citizenship or nationalization unlawfully, 

  • relating to the reproduction of naturalization or citizenship papers, 

  • relating to the sale of naturalization or citizenship papers,

  • relating to obscene matter, 

  • relating to obstruction of justice, 

  • relating to obstruction of criminal investigations,

  • relating to the obstruction of State or local law enforcement, 

  • relating to tampering with a witness, victim, or an informant, 

  • relating to retaliating against a witness, victim, or an informant, 

  • relating to false statement in application and use of passport,

  • relating to forgery or false use of passport,

  • relating to misuse of passport, 

  • relating to fraud and misuse of visas, permits, and other document,

  • relating to peonage, slavery, and trafficking in persons,

  • relating to economic espionage and theft of trade secrets, 

  • relating to interference with commerce, robbery, or extortion,

  • relating to racketeering,

  • relating to interstate transportation of wagering paraphernalia,

  • relating to unlawful welfare fund payments,

  • relating to the prohibition of illegal gambling businesses,

  • relating to the laundering of monetary instruments, 

  • relating to engaging in monetary transactions in property derived from specified unlawful activity,

  • relating to use of interstate commerce facilities in the commission of murder-for-hire,

  • relating to illegal money transmitters, 

  • relating to sexual exploitation of children,

  • relating to interstate transportation of stolen motor vehicles,

  • relating to interstate transportation of stolen property, 

  • relating to trafficking in counterfeit labels for phone records, computer programs or computer program documentation or packaging and copies of motion pictures or other audiovisual works,

  • relating to criminal infringement of a copyright, 

  • relating to unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances,

  • relating to trafficking in goods or services bearing counterfeit marks, relating to trafficking in certain motor vehicles or motor vehicle parts, relating to trafficking in contraband cigarettes,

  • relating to white slave traffic,

  • relating to biological weapons, 

  • relating to chemical weapons,

  • relating to nuclear materials, 

C) any act 

  • dealing with restrictions on payments and loans to labor organizations relating to embezzlement from union funds,

D) any offense involving fraud connected with

  • fraud in the sale of securities,

  • the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance or listed chemical

E) any act which is indictable under the Currency and Foreign Transactions Reporting Act, 

F) any act which is indictable 

  • relating to bringing in and harboring certain aliens, 

  • relating to aiding or assisting certain aliens to enter the United States, relating to importation of alien for immoral purpose

  •  if the act indictable under such section of such Act was committed for the purpose of financial gain

G) any act that is indictable under any provision listed in section 2332b(g)(5)(B) - Acts of Terrorism Transcending National Boundaries