![]() ![]() These are offenses in which some type of scheme has been created to defraud others. Postal Service or interstate methods of communication, such as through text, email, the internet, or phone. Mail and wire fraud are crimes in violation of federal law due to their use of the U.S. The $1.8 billion forfeiture request was the largest ever sought in a RICO case.Media, Pennsylvania Mail & Wire Fraud Defense Attorney Accused of Fraud in Southeastern Pennsylvania? Get Experienced Defense Help. In 1989, for example, the government charged Wall Street financier Michael Milken and others with several counts of RICO violations in connection with securities fraud, insider trading, and other offenses. Since then, prosecutors have used RICO in numerous organized crime cases, including one that resulted in convictions of several members of the Gambino crime family in 2006.įederal prosecutors have also used RICO in cases that did not involve “organized crime,” in the way it is commonly perceived. Federal prosecutors obtained a conviction in 1980 against Frank Tieri, reportedly their first RICO conviction of a Mafia boss. The initial purpose of RICO was to give prosecutors tools to use against organized crime. Prosecutors may also seek forfeiture of money and other property obtained through criminal activity. Private parties may bring civil suits under RICO for both monetary and injunctive relief.Ī single count of racketeering under RICO can result in a fine of up to $25,000 and a maximum of 20 years in prison. The law enables federal prosecutors to charge a person with racketeering if, during a 10-year period, the defendant has received income from three or more of the offenses defined as “racketeering activity.” RICO also allows prosecutions for using an enterprise, such as a corporation or partnership, to engage in racketeering activities that affect interstate or foreign commerce. In addition to criminal prosecutions, private parties may bring civil suits under RICO.Ĭongress enacted RICO in 1970 as part of a larger organized crime bill. This includes public corruption offenses like bribery, as well as financial crimes like money laundering and tax evasion. Efforts to conceal the criminal nature of these activities may also constitute criminal offenses. ![]() In many cases, the methods by which an organized criminal enterprise pursues an activity may expose it to prosecution under the federal mail and wire fraud statutes. The actual income-generating activities may constitute a criminal offense, such as extortion or bank fraud. Racketeering can encompass a wide range of criminal activities that are directed towards generating a profit. Pennsylvania, for example, has a statute regarding the activities of “ corrupt organizations,” and Washington has a law against “ criminal profiteering.” They each include similar lists of offenses in their definitions of racketeering. In total, RICO identifies 27 federal offenses and eight state crimes as “racketeering activity.” Many states have enacted their own statutes similar to RICO to enable police and prosecutors to go after organized criminal activity. These include fraud offenses, violent crimes like murder and kidnapping, drug trafficking, and offenses related to public corruption. The federal Racketeer Influenced and Corrupt Organizations (RICO) Act sets out a broad definition of “racketeering activity” that includes various offenses associated with organized crime. It was not until Prohibition in the 1920s that organized crime developed as we know it today. ![]()
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