If the victim successfully proves the elements of RICO, the court may award him “ treble damages,” which is three times the amount of his actual loss. RICO laws allow victims of racketeering to seek damages in civil court. A successful conviction for racketeering requires the prosecutor to prove, beyond a reasonable doubt, that the defendant was involved in a pattern of criminal activities that meet the definition of racketeering under RICO. Fines for racketeering may be double the amount the defendant obtained through his crimes, or $250,000. Racketeering is subject to felony charges, and the penalties for racketeering include time in prison, felony probation or extended parole, fines, restitution, and the forfeiture of all profits and property obtained through the illegal activities.Ĭriminal penalties for racketeering include up to 20 years in prison, or life in prison, if the underlying crime supports that sentence. The penalties for racketeering depend greatly on the facts and activities surrounding the crime, as aggravating factors increase the serious of the offense. It is not uncommon for a technically legal business to be used to cover the acts of a racket, in order to make everything appear lawful to outsiders and law enforcement agencies. Examples of Criminal Acts Involved in Racketeering Criminal acts involved in racketeering are characterized by the nature of the group committing the crimes, in their pattern of such activities in the pursuit of profit. There are many unlawful acts that may garner a charge of racketeering in certain circumstances. Common rackets in the modern world include such activities as trafficking in illegal weapons, working through labor unions to steal funds from pension plans, and other white collar crimes. Racketeering groups recruit others to keep their business profitable, and often, they expand into new areas of racketeering. Common RacketsĬommon rackets deal mainly with activities that are clearly illegal, including prostitution, drug trafficking, and counterfeiting. This means that the acts must be similar in nature, with such related characteristics as the same perpetrators, same victims or types of victims, and methods of conduct. This pattern must consist of two or more acts of racketeering activity within a 10-year period, and the criminal activities must be related and continuous. The individual must be involved in an enterprise that operates through a certain pattern of racketeering activity. There are certain elements of a RICO claim that must be met in order to successfully convict a person of racketeering. According to Section 1961(10) of Title 18 of the RICO Act, the Attorney General can designate any law enforcement agency, or prosecuting division, to conduct investigations into suspected rackets. According to RICO, racketeering is the committing of multiple violations of different types within a 10-year period. The individual states also have similar laws, which vary widely. RICO gives prosecutors much-needed tools in the fight against organized crime. In 1970, the Racketeer Influenced and Corrupt Organizations Act (the “RICO Act”) was enacted by Congress. Racketeer Influenced and Corrupt Organizations Act Eleby was sentenced to 25 years in federal prison, followed by 10 years of parole. In this example of racketeering, the additional charge of racketeering brings with it an enhanced sentence. The jury found the defendants guilty of being members of a criminal group engaged in illegal activities in order to control the housing projects. Eleby and other gang members were also charged with conspiracy to violate the RICO Act. Eleby was convicted of conspiracy to distribute cocaine, crack cocaine, and heroin, and possession of a firearm in committing a crime of violence. While he was not in the apartment, the Bloods did shoot both his mother and younger brother. Members of the Bloods shot more than a dozen rounds from a Thompson submachine gun into an apartment in the housing projects, targeting a rival gang member. The Bloods attempted to prevent a rival street gang from setting up shop in their territory (the housing projects), to protect their drug distribution business in the area. In 2012, Kevin Eleby, leader of the Pueblo Bishop Bloods street gang in Los Angeles, California, was convicted of crimes related to controlling the Pueblo del Rio housing projects, and distribution of drugs. Murder Example of Racketeering in Gang Activities.Dealing in manufacture or distribution of a controlled substance or prohibited chemical.
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