RICO charges are violations of the Racketeer Influenced and Corrupt Organizations Act. It is focused on organized crime.
As such, these cases are much more complex than many other types of white-collar crime allegations. There are five different elements that the government needs to prove.
Proof beyond a reasonable doubt
In order for the government to obtain a conviction, it must be shown beyond a reasonable doubt that:
- Some type of enterprise existed, which could include a partnership, an association, a corporation, or another organization, although it may not always be a legal entity
- The aforementioned enterprise was engaged in interstate commerce activities
- The defendant in the RICO case was either employed by that enterprise or associated with it in another clear way
- The defendant not only participated in racketeering activity, but that there was a demonstrable pattern of such activity extending beyond a single event
- There were at least two separate acts of racketeering that can be demonstrated, although there may be more
As you can see, one of the key elements is that there has to be a pattern of behavior. When just one event takes place, even if that event is itself a violation of certain federal laws or statutes, it may not meet the criteria for a RICO charge.
Potential defense options
Determining exactly which legal defense options to use will depend on the nature of the charges. In some cases, for instance, the defendant may claim that no illegal activity occurred at all. In other cases, even if there is some element of questionable activity, the focus may be on demonstrating that it does not meet the very specific criteria for a RICO charge because it does not satisfy one of the five elements noted above.
For those who are facing such serious charges, it is important to know exactly what defense options exist and what legal steps to take as the case progresses.