Racketeering Prosecutions Of Gangs
Racketeering Prosecutions of Gangs: Overview
Racketeering involves engaging in a pattern of illegal activity conducted as part of an enterprise. Gangs often qualify as such enterprises due to their organized structure and criminal activity.
Legal Framework
RICO Act (18 U.S.C. §§ 1961–1968):
Enacted in 1970 to combat organized crime.
Allows prosecution of individuals and groups for patterns of racketeering activity connected to an enterprise.
Requires proving (1) existence of an enterprise, (2) conduct of its affairs through a pattern of racketeering activity, and (3) injury or effect on interstate commerce.
Racketeering Predicate Acts:
Crimes that qualify include murder, drug trafficking, robbery, extortion, money laundering, and more.
Detailed Case Law: Racketeering Prosecutions of Gangs
1. United States v. Basciano, 2006 (E.D.N.Y.)
Facts: Vincent Basciano, a leader in the Bonanno crime family, was prosecuted under RICO for running organized crime operations involving murder, loansharking, and extortion.
Charges: RICO conspiracy, murder, racketeering.
Outcome: Convicted and sentenced to life imprisonment.
Importance:
Demonstrated how RICO prosecutions dismantle leadership of organized crime gangs.
Showed broad use of racketeering predicates including violent crimes.
2. United States v. Felix, 1997 (9th Cir.)
Facts: Members of the Aryan Brotherhood prison gang prosecuted under RICO for murder and drug trafficking.
Holding: Affirmed convictions based on showing of enterprise and pattern of criminal acts.
Importance:
Expanded application of RICO to prison gangs.
Emphasized proof of enterprise structure even in loosely organized gangs.
3. United States v. Turkette, 452 U.S. 576 (1981)
Facts: Supreme Court case defining "enterprise" under RICO.
Holding: The Court held that an enterprise can be either formal or informal, and RICO applies to both.
Importance:
Clarified that gangs need not be formal corporations to be prosecuted under RICO.
Fundamental precedent for gang prosecutions.
4. United States v. Lopez, 2005 (D.N.J.)
Facts: Leaders of the Latin Kings gang charged with RICO conspiracy involving drug trafficking, weapons offenses, and violent crimes.
Outcome: Convictions upheld on appeal.
Importance:
Showed effective use of RICO against street gangs involved in multiple crimes.
Highlighted use of wiretap and surveillance evidence.
5. United States v. Roche, 2006 (1st Cir.)
Facts: A gang involved in extortion, drug dealing, and firearms trafficking prosecuted under RICO.
Holding: Affirmed that multiple predicate acts over time satisfy "pattern" requirement.
Importance:
Reinforced that continuity and relatedness of crimes form basis for racketeering pattern.
Highlighted importance of showing ongoing criminal activity.
6. United States v. Salerno, 1987 (2nd Cir.)
Facts: Members of the Gambino family prosecuted for racketeering involving murder, racketeering, and extortion.
Holding: Upheld broad prosecutorial discretion under RICO.
Importance:
Demonstrated how RICO targets entire criminal enterprises, not just individual acts.
Affirmed preventive measures and asset forfeiture.
Summary Table: Key Elements in Gang Racketeering Prosecutions
| Element | Explanation | Case Example |
|---|---|---|
| Enterprise | Formal or informal group engaged in criminal activity | Turkette |
| Pattern of racketeering | At least two predicate acts over 10 years | Roche, Felix |
| Predicate acts | Includes murder, drug trafficking, extortion, etc. | Basciano, Lopez |
| Leadership liability | Leaders can be held responsible for enterprise acts | Basciano, Salerno |
| Evidence | Surveillance, wiretaps, informants | Lopez |
Additional Notes
RICO provides powerful tools: including extended penalties, asset forfeiture, and conspiracy charges.
Prosecutors often target gang leaders to disrupt command structures.
Case complexity requires extensive evidence of the enterprise and multiple crimes.
RICO has been challenged constitutionally but remains a central tool in gang prosecutions.
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