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The Racketeer Influenced and Corrupt Organizations Act, commonly known as RICO, is a United States federal law enacted in 1970. It was designed to combat organized crime by targeting the activities of criminal enterprises, also known as "racketeering" organizations. RICO provides law enforcement agencies with powerful tools to investigate, prosecute, and dismantle these organizations.Under RICO, individuals or groups engaged in a pattern of racketeering activity can be charged and held accountable for their actions. Racketeering activities include various crimes such as bribery, extortion, gambling, money laundering, murder, drug trafficking, and fraud.Key features of RICO include:
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- Criminal and Civil Liability: RICO allows both criminal and civil charges to be brought against individuals or organizations involved in racketeering activities. Criminal penalties can include fines, imprisonment, and asset forfeiture, while civil actions can result in monetary damages.
- Predicate Acts: RICO requires at least two acts of racketeering activity, also known as "predicate acts," to establish a pattern of racketeering. These acts can be a combination of state or federal crimes, and they must be related to each other and the enterprise.
- Enterprise: RICO targets not only individuals involved in criminal activities but also the enterprises or organizations that engage in such activities. An enterprise can be any legal entity, including corporations, partnerships, associations, or even non-profit organizations.
- RICO Conspiracy: RICO allows for the prosecution of individuals involved in a conspiracy to engage in racketeering activities, even if they did not directly commit the predicate acts themselves. This provision enables law enforcement to go after the entire network of individuals involved in organized crime.
- Enhanced Penalties: RICO provides enhanced penalties for those convicted of racketeering offenses. For example, individuals convicted under RICO can face up to 20 years in prison for each racketeering count and up to life imprisonment if the underlying racketeering activity includes murder.
- Civil RICO Lawsuits: RICO also empowers private individuals or entities to file civil lawsuits against racketeering organizations. Successful plaintiffs can be awarded triple damages for their losses, attorney's fees, and other remedies.
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