Elements Needed To Build a RICO Case

RICO, also known as the Racketeer Influenced and Corrupt Organizations Act, is a powerful tool enacted to fight organized crime networks. Prosecutors frequently use RICO laws to pursue a wide range of criminal enterprises, from drug trafficking to white-collar crime and street gangs. However, prosecutors must prove several key legal elements to successfully bring a RICO case. Understanding these elements is vital for anyone facing RICO allegations.

The following are the key elements that the prosecution must prove to successfully bring a RICO case;

1. Enterprise

A RICO case can only begin if the prosecution can show the existence of an enterprise. An enterprise encompasses any individual, corporation, association, partnership, or other legal entity, as well as any union or group of individuals associated in fact, regardless of whether the association constitutes a recognized legal entity.

2. The Enterprise Affects Interstate Commerce

The enterprise must impact interstate commerce (i.e., economic or trade activity across state borders) even if the impact is small. Prosecutors usually find this element easy to prove, especially in cases involving cash, drugs, or fraudulent dealings that cross state borders or use national systems such as phones or banks.

3. The Enterprise Engaged in a Pattern of Racketeering Activity

Under federal and state law, racketeering activity includes a wide range of crimes, including money laundering, bribery, fraud, and drug trafficking. Once the prosecution establishes the existence of an enterprise that affects interstate commerce, it must prove that the enterprise engaged in a pattern of racketeering activity. This entails being involved in not less than two acts of racketeering activity within a decade.

4. The Defendant Was Associated With or Employed by the Enterprise

If you are facing RICO charges, the court requires the prosecution to show that you were either employed by or associated with the enterprise. The prosecution must also prove that you conducted or participated in the conduct of the enterprise’s affairs through racketeering (either directly or indirectly). In other words, the prosecution must show that you helped further the criminal goals of the group. This requirement ensures that you are not convicted solely based on your association with individuals engaged in criminal activity, particularly when that association did not involve participation in illegal conduct.

Standard of Proof in RICO Cases

Like in other criminal cases, the government must prove all the elements of a RICO case beyond a reasonable doubt. This entails removing any reasonable doubt in the minds of the jury members. This high standard of proof is meant to ensure that no one is wrongfully convicted. If the jury has any reasonable doubt about any of the required elements, they are obligated to declare you innocent.

If you are facing RICO allegations, it is vital to consult an experienced criminal defense attorney who can help you develop a strong defense strategy. A knowledgeable attorney can evaluate the evidence, help you gather exculpatory evidence (if available), challenge the prosecution’s allegations, and ensure your rights are protected throughout the legal process.

Contact an Orlando Criminal Defense Lawyer

If you’re facing RICO allegations, contact an experienced Orlando criminal defense lawyer at Joshi Law Firm, PA to schedule a consultation and discuss your case.

Source:

justice.gov/archives/jm/criminal-resource-manual-109-rico-charges#:~:text=A%20more%20expansive,2d%201354%20(1982).