When people hear the term “racketeering”, they likely envision organized crime families, extortion or a large-scale money laundering operation. After all, the Racketeer Influenced and Corrupt Organizations (RICO) Act was established to combat organized crime.
What may be surprising is the fact that a person doesn’t have to personally commit the crime to face racketeering charges. That’s because the concept of conspiracy plays a significant role in the RICO Act.
What is racketeering?
Racketeering isn’t a singular crime. Instead, it’s a pattern of criminal activity whose purpose is to generate income. But it’s not a string of criminal acts. A defendant in a RICO trial must be alleged to have either committed or agreed to commit at least two qualifying crimes within a ten-year period.
Where conspiracy comes into play is that prosecutors don’t need to prove that the defendant actually carried out any of the crimes. They only need to establish two things:
- The defendant knowingly agreed to participate in the enterprise, and
- They agreed that someone within their group would commit the crime(s) to advance their goals.
Prosecutors use conspiracy charges to bring a case against a large group without the need to attach a specific criminal act to each defendant. It also allows them to pursue individuals higher up in the organization who don’t actually commit the crime, but instead give the order to someone else.
A racketeering conspiracy conviction carries severe penalties, including up to 20 years in prison, fines and forfeiture of any assets acquired through the criminal activity.
However, the whole prosecution relies on intent and agreement. The defense can call into question whether the evidence truly shows that the accused knowingly participated. Or has the government based its case on guilt by association? Just because they knew the person who committed the crime doesn’t mean there is evidence of agreement.
Working with an experienced team is crucial when facing racketeering conspiracy charges. They can challenge the evidence and protect your rights.