New Jersey Jury Instruction - RICO - Conspiracy Offense
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Those found guilty of racketeering can be fined up to $25,000 and sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through a pattern of "racketeering activity."
Under the RICO statute, the maximum penalty for racketeering includes a fine, and up to 20 years in federal prison. An individual may also have to turn over illegal profits or other property gained from racketeering.
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.
A conviction under RICO has serious consequences. Not only does the RICO statute provide for criminal penalties including 20 years of prison, but the financial penalties are severe. A person convicted can face a fine of either $250,000 or double the amount of proceeds earned from illicit activity.
Thus, a corporation may be the enterprise through which individuals commit crimes, but it can't be both an individual and the enterprise. The criminal RICO statute provides for prison terms of 20 years and severe financial penalties.
On its face, a RICO charge carries with it the possible maximum of twenty years imprisonment. There is no floor on the possible sentence for a base RICO charge, meaning there is no mandatory minimum.
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.
RICO is closely linked and related to conspiracy charges, and these charges, often given in tandem, are a prosecutor's favorite weapon. Originally designed to enable the federal government to better protect people from the violence of the Mafia, RICO charges are used against all sorts of people.