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=== Assistant: === ===== The RICO Act was enacted in 1970 as part of the Organized Crime Control Act to combat organized crime by targeting ongoing criminal enterprises. However, it has since been expanded to prosecute corporations, government officials, and individuals engaged in repeated criminal activity for financial gain. ===== ==== ### ==== RICO makes it illegal to: # Operate or control an enterprise through a pattern of racketeering. # Use illegal profits to acquire or run an enterprise. # Conspire to commit racketeering activities. RICO applies to both private individuals and government officials who engage in corrupt schemes. ===== To convict someone under RICO, the prosecution must prove: ===== # Two or more predicate crimes (criminal acts) occurred within 10 years. # The crimes were related and showed a continued pattern of misconduct. ====== The 35+ federal crimes that can be part of a RICO charge include: ====== ====== - Mail and wire fraud (18 U.S.C. Β§Β§ 1341, 1343) ====== * Bribery (18 U.S.C. Β§ 201) * Extortion (Hobbs Act) (18 U.S.C. Β§ 1951) * Obstruction of justice (18 U.S.C. Β§ 1503) ====== - Murder, kidnapping, arson (18 U.S.C. Β§ 1958) ====== * Threats & intimidation (18 U.S.C. Β§ 1512) ====== - Money laundering (18 U.S.C. Β§ 1956) ====== * Securities fraud (15 U.S.C. Β§ 78j) * Counterfeiting (18 U.S.C. Β§ 471) ====== - Election fraud (52 U.S.C. Β§ 20511) ====== * Deprivation of rights under color of law (18 U.S.C. Β§ 242) ==== ### ==== * Brought by the U.S. Department of Justice (DOJ). * Punishments: - Up to 20 years in prison per count. - Life imprisonment if linked to violent crimes. - Asset forfeiture of all illegally obtained profits. ===== - Private individuals or businesses can file lawsuits against corrupt organizations. ===== * If successful, the plaintiff can recover triple the damages plus attorneys' fees. * Often used against corporations, banks, and corrupt government entities. ==== RICO applies when officials use their position to engage in systematic corruption or conspiracies for financial gain. ==== ====== - A police department conspiring to cover up crimes while extorting citizens. ====== * A mayor and city council taking bribes to approve illegal contracts. * A court system engaging in systematic wrongful convictions for financial incentives (e.g., for-profit prisons). * Election fraud schemes that involve multiple officials manipulating votes for power or money. ==== ### ==== # United States v. Gambino Crime Family (1992) β Mafia leaders convicted under RICO for running an organized crime ring. # Enron (2001) β Executives charged under RICO for securities fraud and conspiracy. # Operation Greylord (1980s) β Corrupt judges and lawyers convicted under RICO for fixing cases in Chicago. ===== 1. Hells Angels Motorcycle Club v. Government (2002) β The DOJ attempted to seize club assets under RICO. ===== # Trump University RICO Case (2013) β A lawsuit accused Trump University of running a fraudulent scheme. # Opioid Manufacturer Lawsuits (2019-2022) β Purdue Pharma and other companies were sued under RICO for illegally marketing opioids. ==== RICO can be applied when officials or businesses engage in widespread violations of rights for financial gain. ==== ===== - For-Profit Prison Schemes β Judges convicted under RICO for taking kickbacks to sentence minors to privately-run detention centers. ===== * Housing Discrimination Rings β Government officials conspiring to deny services to minorities while profiting. * Medical & Disability Fraud by Government Agencies β Systematic denial of medical benefits while officials profit. ==== To successfully prosecute or sue under RICO, four elements must be proven: ==== | | | | --- | --- | | | | | | | | | | | | | ==== - Criminal RICO: 5 years from the last act of racketeering. ==== * Civil RICO: 4 years from the time the victim discovered the crime. ==== | | | | ==== | --- | --- | --- | | | | | | | | | | | | | ==== RICO is now being used against politicians, corporations, and government agencies involved in systemic corruption or fraud. ==== ===== - State agencies denying rightful benefits while officials receive bonuses. ===== * Judges and attorneys conspiring to dismiss lawsuits in exchange for favors. * Large-scale voter suppression benefiting a specific political party. ==== β Targets individuals, corporations, and government agencies. ==== β Applies to ongoing criminal enterprises. β Provides both criminal penalties and civil lawsuits. β Forces corrupt entities to forfeit illegal profits. β Covers fraud, bribery, extortion, obstruction, and conspiracy. ==== If you have a situation that may involve systematic corruption, government misconduct, or fraud, I can help identify violations, draft legal arguments, or explain next steps. ====
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