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RICO

The Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961–1968, enhances criminal penalties, and prescribes severe civil remedies, including treble damages, for individual or multiple criminal acts committed as part of an ongoing criminal organization.  While it was intended to provide Federal law enforcement with a statutory tool with which to combat organized crime, such as the Mafia, increasingly Federal prosecutors have used its broad language to prosecute individuals for criminal acts unassociated with any criminal enterprise, ongoing or otherwise.  Federal prosecutors typically indict individuals under the RICO statute for racketeering, money laundering, drug trafficking, securities fraud, bankruptcy fraud, Medicare fraud, embezzlement, counterfeiting, bribery, blackmail and acts of terrorism.  And although to qualify as an indictable offense under RICO the individual must have committed two racketeering offenses within a reasonable time of one another, Federal prosecutors have liberally interpreted “two” to include minor, and even insignificant, “acts” in carrying out a single crime.

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