RICO Lawyer

What Is RICO?

RICO is the Racketeer Influenced and Corrupt Organizations Act. It is a law that is designed to combat criminal organizations such as the mob from spreading crime across the US. It allows prosecutors to try the organization as a whole rather than the individual members. Under the RICO Act, any members of the organization will be tried because of their association.

Federal RICO Act

The Federal Act was passed in 1970 to close the loophole that can protect those who instruct others to commit a crime from criminal liability.

Civil RICO Claims

A private plaintiff may file a RICO civil claim to recover treble the damages when their property or business is damaged due to a RICO violation. The defendants must have participated in two or more racketeering activities. Attorney Brad Nakase represented parties in at least twenty cases involving civil RICO.

Racketing activities include:

• Robbery
• Bribery
• Illegal gambling operations
• Extortion
• Money laundering
• Mail, tax, bankruptcy, wire, and bank fraud

If the plaintiff wins the RICO claim, they are eligible to recover up to three times the damages caused to their property or business. To win a civil RICO claim, the plaintiff must demonstrate all of the three:

• The defendant has committed at least one of the 35 criminal acts listed in the RICO Act
• The defendant has committed at least two crimes that are related and show a pattern of criminal behavior.
• These crimes were committed in the Supreme Court’s RICO four year statute of limitations.

It can be difficult to prosecute a civil RICO case, so it is vital to seek legal advice from an attorney experienced in handling RICO cases.

Common Types of RICO Cases

The most common types of crimes that are RICO cases include:

• Blackmail
• Bribery
• Extortion
• Murder
• Drug trafficking
• Obstruction of Justice

How to Prove a Civil RICO Claim

The plaintiff must prove the following two things in a civil RICO claim:

1. The plaintiff has suffered damages to their property or business
2. The damages occurred due to a violation of the RICO Act.

The defendant does not need to have been convicted of the crime for a civil RICO claim to be successful.

Elements of a RICO Claim

Liability

The defendant must have been involved in an organization with a history of racketeering activity. The racketeering activity must have been two or more incidents within four years.

Enterprise

A civil RICO case’s enterprise can be either illegitimate or legitimate and associated, however loosely, with a corporate entity.

Predicate Acts

The plaintiff must prove the existence of predicate acts such as:

• • Kickbacks
  • Bribery
  • Illegal gambling
  • Extortion
  • Money laundering
  • Wire or mail fraud

These predicate acts must have been committed during the four-year statute of limitations and are pled as per Rule 9(b) of the Rules of Civil Procedure

Pattern of Racketeering Activity

There must be a pattern of racketeering activity that occurred over the course of four years. The plaintiff must be able to prove the criminal organization committed the crime or at least financially benefitted from the crime.

Continuity

The crime must have occurred multiple times in a substantial period of time or continues presently.

Understanding California Penal Code Section 186

Penal Code section 186 in California also regulates the prosecution of criminal organizations. It calls for the profits accumulated through criminal activities must be forfeited.

RICO Penalties

RICO violations carry severe penalties, such as:

• A fine up to double of the illegally-gained profits
• Imprisonment of up to 20 years
• Civil suits from private citizens to recover up to treble their damages
• Forfeiture of assets gained through racketeering

A RICO experienced attorney can assist you in building a strong RICO defense.