Washington Jury Instruction - RICO - Substantive Offense
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FAQ
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.
If you are found guilty under the RICO Act, you may face up to 20 years in prison and must forfeit all properties and the interest in business gained due to the violation. However, if the RICO violation is based on a crime for which the maximum penalty is a life sentence, a life sentence may also be imposed.
Potential Racketeering Punishments 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.
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.
What Are The Penalties if Convicted? Generally, those convicted of Federal Racketeering/RICO crimes are sentenced to a maximum 20 years and $25,000 fines per count. So for a Federal RICO case at least two offenses in a ten-year period must be charged and in many cases, far more specific charges are brought.
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.
Many people charged with RICO will also be charged with violent crimes in aid of racketeering. However, while RICO criminalizes specific acts associated with organized crime on a large scale (such as extortion, drug trafficking, etc.), VICAR, in a sense, targets the "muscle" behind these criminal organizations.
Beating a RICO charge is tough, but it isn't impossible. If you or your organization is under investigation for RICO charges, you don't just need any lawyer, you need a federal criminal defense lawyer who isn't afraid to go to trial in a federal court.