To secure a corrupt organizations conviction, the prosecution must therefore prove beyond a reasonable doubt that:
- The defendant participated in a pattern of racketeering activity within the state
- by one of the means proscribed in the statute (i.e., by using or investing the proceeds of such pattern in an enterprise; acquiring or maintaining any interest in or control or an enterprise through such pattern; conducting or participating in an enterprise's affairs through such pattern; or conspiring to do any of the above); and
- the gain derived from the racketeering activity was channeled into an enterprise in the state for the purpose of corrupting that enterprise and gaining a foothold for organized crime within the state.
WHAT ARE FEDERAL RACKETEERING (RICO) OFFENSES
There are 35 specific crimes included in the RICO Act.
Here is a list of some of those crimes.
- Gambling
- Murder
- Kidnapping
- Extortion
- Arson
- Robbery
- Bribery
- Dealing in obscene matter
- Dealing or trafficking a controlled substance or chemical
- Bribery
- Counterfeiting
- Theft
- Embezzlement
- Fraud
- Obstruction of justice
- Slavery
- Money laundering
- Commission of murder-for-hire
- Embezzlement of union funds
- Bankruptcy fraud or securities fraud
- Criminal copyright infringement
- Human smuggling
- Acts of terrorism
To charge under RICO, at least two predicate crimes within 10 years must have been committed through the enterprise. Note that an enterprise is required. This might be a crime family, a street gang or a drug cartel. But it may also be a corporation, a political party, or a managed care company.Oct 15, 2021
No comments:
Post a Comment