Alabama Jury Instruction - RICO - Substantive Offense
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FAQ
Drug trafficking, money laundering, embezzlement of funds are all forms of racketeering.
The U.S. government introduced the RICO Act, or Racketeer Influenced and Corrupt Organizations Act (RICO), in the 1970s to combat organized crimes that come under racketeering. The act prohibits the illegal acquiring, operating, and receiving of uncalled income.
Alabama Pattern Jury Instruction 11.36 In the event a vehicle is classified as a total loss, the owner may collect ?the amount of money that compensates the owner for its loss of use during the period of time reasonably necessary to get a replacement vehicle.? Alabama Pattern Jury Instruction 11.38.
Penalties Under the RICO Act A person convicted can face a fine of either $250,000 or double the amount of proceeds earned from illicit activity. The prison time can increase to up to a life sentence depending on the underlying crime that was committed.
The Racketeer Influenced and Corrupt Organizations Act (RICO) of 1970 seeks 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.
Criminal RICO The law defines 35 offenses as constituting racketeering, including gambling, murder, kidnapping, arson, drug dealing, bribery. Significantly, mail and wire fraud are included on the list. These crimes are known as "predicate" offenses.
Although RICO charges are a serious matter, there are some strong defenses against them. For example, if the defendant's Fourth Amendment rights are violated because some evidence was illegally entered, that is a valid defense.
The circumstantial evidence jury instruction tells the jury that in order to convict a defendant based on circumstantial evidence, the jury must not only find that the circumstantial evidence is consistent with defendant's guilt, but also that the evidence is not reasonably consistent with innocence.