Criminal procedure

RICO

RICO is the Racketeer Influenced and Corrupt Organizations Act, which lets prosecutors charge people for running an enterprise through a pattern of criminal activity.

The theory ties individual crimes together. The government must prove an enterprise, a pattern of at least two related predicate acts within ten years, and the defendant's participation in conducting the enterprise's affairs. Predicates range from fraud and bribery to violent offenses.

There is also a civil version. Private plaintiffs can sue under RICO for treble damages and attorneys' fees, which is why the statute shows up in business disputes as well as organized crime prosecutions.

Because RICO requires proof of an enterprise and a pattern, these cases are unusually document-heavy. Indictments run long, trials take months, and the docket fills with severance motions as multiple defendants seek separate trials.

How it appears on a docket

SUPERSEDING INDICTMENT charging Count 1, RICO conspiracy under 18 U.S.C. Sec. 1962(d), alleging a pattern of racketeering spanning 2018 to 2025.

Governing rule

18 U.S.C. Sec. 1961-1968

Related terms

  • IndictmentAn indictment is the formal written accusation, voted by a grand jury, that charges someone with a federal crime and starts the prosecution.
  • ForfeitureForfeiture is the government taking property connected to a crime, either as part of a criminal sentence or through a separate civil action against the property itself.

More on criminal procedure

See this term in a real case

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