RICO stands for the Federal Racketeer Influenced and Corrupt Organization Act. The act passed by congress to stop people engaging in a pattern of criminal activity.
RICO was originally applied to organized crime, as the only way the government could convict mobsters or gangsters.
This is a very complicated area of law that is very vague and ambiguous, so Courts have had to interpret what exactly the act is supposed to mean.
The term racketeering refers generally to a criminal who uses extortion, loan sharking, bribery or obstruction of justice to further their illegal activities.
Usually this person uses some sort of authority or power to illegally persuade others to further his/her interests
- Who Can Be Charged with a RICO Violation?
The person must be employed or associated with a criminal enterprise. The person's activities must affect interstate commerce.
Just about anything affects interstate commerce – if you use the telephone, internet, railroad, highways, waterways or mail you are using some kind of interstate commerce.
The person charged must have participated with the organization through a pattern or racketeering activity. They look at whether this persons actions have the same or similar purpose, results, participants, victims and methods.
The statute of limitations (when you can bring a lawsuit) for prosecuting a RICO violation is 5 years for criminal prosecution and 4 years for civil prosecution.
- Accused of a RICO Violation?
If you are a accused of a RICO violation, you should speak to an attorney to learn more about your rights, your defenses and the complicated legal system.
