This is the highest burden of proof that exists in the American legal system and can therefore be difficult to obtain. When RICO charges are brought forth by the government or an individual, they are considered criminal charges and will require a jury conviction of guilt beyond a reasonable doubt. Continuity is established when crimes occur over a substantial period of time, often interpreted as one year. Relatedness is established when crimes have similar characteristics like the same perpetrators, victims, or methods of commission. The court determined that in order to qualify as a pattern, criminal activities must be related and continuous. The RICO Act itself defines a pattern as two or more acts of racketeering activity within a ten-year period, but the Supreme Court has also been called on to rule here as well. The other definition that can come into question is what constitutes a pattern of racketeering activity. In RICO law, this is known as an “association in fact” enterprise. The Supreme Court has rules on this, determining that an enterprise can be any group with members who are associated in order to achieve a common purpose, provided the relationship lasts long enough to allow them to pursue this purpose. Corporations, partnerships, and other businesses easily qualify as an enterprise, but there can be questions around informal organizations like street gangs. For anyone defending a RICO case, this can lead to controversy as to what defines that requirement of an enterprise. Liability in a RICO claim requires that someone is involved in an enterprise that operates within a pattern of racketeering activity. If you are charged with RICO crimes at both the state and federal level, it’s possible to be found guilty in one case and not the other as they will have separate trials and juries. Georgia’s RICO laws can impose both criminal and civil charges and add additional sentencing time to any federal charges. These laws are often known as “Little RICO Acts” and work similarly to the federal statute. While most RICO laws are at the federal level, a number of states have separate laws surrounding racketeering. It is also unlawful to conspire to engage in any of these activities and to use the money gained through these activities to your knowledge. Acquiring an interest in such an enterprise.Using illegal income to acquire, establish, or operate an enterprise.The RICO Act criminalizes three primary activities: A companion statute, the Violent Crimes in Aid of Racketeering (VICAR) statute, addresses violent crime. Financial crimes can also be included, such as counterfeiting, money laundering, securities violations, and mail or wire fraud. These can include homicide, kidnapping, extortion, and witness tampering, as well as robbery or arson. Title 18, Section 1961 of the United States Code lists racketeering activities, which, when repeated, can form the basis of a RICO Act claim. This means that the leader of a criminal organization can also be charged for crimes they ordered others to commit. Rather than a way to punish an isolated criminal act, RICO is used to establish severe consequences for those engaging in patterns of wrongdoing in association with a criminal enterprise. Its initial purpose was to combat mob and Mafia groups, but since then, it has been expanded and used to prosecute a range of organizations, including corrupt police departments and motorcycle gangs. The Racketeer Influenced and Corrupt Organization (RICO) Act was passed in 1970 under President Richard Nixon and is designed to handle individuals who engage in organized crime. Understanding the charges and potential sentences can help you begin to make choices about representation in your RICO case. RICO law, dictated by the Racketeer Influenced and Corrupt Organizations Act, is a complex area of law.
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