Organized Crime Prosecutions Under Rico
What is RICO?
The Racketeer Influenced and Corrupt Organizations Act (RICO), enacted in 1970, is a powerful federal statute designed to combat organized crime by:
Targeting ongoing criminal enterprises.
Allowing prosecution of individuals involved in a pattern of racketeering activity.
Applying civil remedies and criminal penalties.
Key Features of RICO:
Requires a “pattern of racketeering activity” (at least two acts of racketeering within 10 years).
The criminal acts must be connected to an “enterprise” (group or organization).
Criminal activities include murder, kidnapping, gambling, arson, robbery, bribery, extortion, drug trafficking, fraud, and more.
RICO allows leaders who order or facilitate crimes to be prosecuted even if they did not commit the acts directly.
Case Law Examples
1. United States v. Turkette (U.S. Supreme Court, 1981)
Facts:
Turkette was involved with an organized crime group engaged in various illegal activities.
Legal Issue:
Does RICO apply only to legitimate businesses infiltrated by racketeers, or does it also cover purely illegal enterprises?
Court Decision:
The Supreme Court held that RICO applies to both legitimate and illegitimate enterprises.
Conviction upheld.
Significance:
Clarified that RICO is broad enough to cover any organized group engaged in a pattern of criminal conduct, not just legal businesses used as fronts.
2. Sedima, S.P.R.L. v. Imrex Co., Inc. (U.S. Supreme Court, 1985)
Facts:
Plaintiff alleged RICO violation for fraud related to a scheme involving loans.
Legal Issue:
Does RICO require proof that the defendant committed two predicate acts of racketeering connected to an enterprise?
Court Decision:
The Court clarified that a “pattern” requires at least two related predicate acts.
The enterprise and racketeering acts must be related but need not be criminal conspiracies.
Significance:
Defined the “pattern” requirement for RICO cases, which is essential for prosecution.
3. United States v. Basciano (2nd Cir., 2006)
Facts:
Basciano was a leader in the Bonanno crime family, charged with RICO conspiracy for murder, extortion, and other crimes.
Legal Issues:
Proving Basciano’s leadership and involvement in the criminal enterprise under RICO.
Outcome:
Convicted on multiple counts including murder in aid of racketeering.
Significance:
Demonstrated how RICO prosecutes high-level organized crime leaders who direct criminal activity.
4. United States v. Gotti (2nd Cir., 2005)
Facts:
John Gotti, reputed Gambino family boss, faced RICO charges for racketeering acts including murder, extortion, and gambling.
Legal Issue:
Prosecuting a crime boss based on a pattern of criminal acts carried out by the organization.
Outcome:
Convicted after several trials, largely due to witness cooperation and electronic surveillance.
Significance:
Illustrates RICO’s role in dismantling powerful organized crime figures through comprehensive charges.
5. United States v. Rosario (2nd Cir., 2008)
Facts:
Rosario was charged under RICO for his involvement in a drug trafficking enterprise.
Legal Issue:
Whether drug trafficking operations constitute a RICO enterprise.
Outcome:
Convicted; the court affirmed drug trafficking networks qualify as enterprises under RICO.
Significance:
Confirms RICO’s applicability beyond traditional mafia activities, including drug cartels and gangs.
6. United States v. Morales (9th Cir., 2001)
Facts:
Morales led a street gang involved in robbery, murder, and extortion.
Legal Issue:
Whether a street gang with no formal structure qualifies as an “enterprise” under RICO.
Outcome:
Convicted under RICO; the court recognized loosely associated gangs as enterprises if they have an ongoing structure.
Significance:
Expanded RICO to cover modern criminal gangs without traditional hierarchies.
Summary of Key Legal Principles
| Principle | Explanation |
|---|---|
| Pattern of Racketeering Activity | Requires at least two predicate criminal acts connected to the enterprise. |
| Enterprise Requirement | The criminal acts must be linked to an ongoing organization or group. |
| Broad Scope of Enterprise | Both legitimate businesses and criminal-only groups qualify. |
| Leadership Liability | Leaders can be held accountable even if they did not commit every criminal act. |
| Wide Application | Includes mafia, street gangs, drug cartels, and other organized crime groups. |
Conclusion
RICO is a powerful tool in prosecuting organized crime by targeting not just individual crimes but the entire criminal enterprise. Through comprehensive case law, courts have broadened its scope to cover a wide variety of criminal organizations and leadership structures.
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