What are RICO charges?

IN the last 50 years, the Racketeer Influenced and Corrupt Organizations Act has become synonymous with the successfulprosecution of elusive criminals.

The complex US federal law has been described as the "ultimate hit man" in mob prosecutions and was introduced to bring successful charges against members of large organized crime gangs.

What is RICO?

The Racketeer Influenced and Corrupt Organizations Act, also known as RICO, is a US federal law that was passed by Congress in 1970.

At the time, the legislation was signed by President Richard Nixon and set out to combat organized crime across America.

It focuses on racketeering and allows criminals to be hit with extended penalties and a civil cause of action for their roles in criminal organizations.

Before the RICO Act, a person could be absolved from prosecution if they did not personally commit the crime.

The maximum sentence if convicted of a RICO charge is 20 years in prison, however, the court can inflict additional charges.

In order to be convicted of RICO charges, a court has determine the following factors:

Existence of a criminal enterprise
Group actions affect interstate business
The defendant was associated with or employed by the organization
The accused was involved in racketeering activity
The defendant was involved in the operations conducted by the enterprise during at least two acts throughout the racketeering activity

What crimes are covered by the RICO Act?

Crimes covered by RICO include:

What are the most famous RICO cases?

There have been several landmark cases in the past few decades that have seen notable criminals tried under RICO law.

Young Thug and Gunna

Rappers Young Thug and Gunna were arrested on May 9, 2022, and faced 56 indictment charges for conspiring to violate Georgia's RICO act and street gang charges.

Young Thug, whose real name is Jeffery Lamar Williams, was allegedly one of the founders of the street gang Young Slime Life.

The man referenced the gang in songs and on social media, according to officials.

ABC News reported that one of the charges in the indictment was for "preserving, protecting and enhancing the reputation, power and territory of the enterprise through acts of racketeering activity including murder, assault and threats of violence."

However, Young Thug's lawyer Brian Steel maintained his client was innocent.

Steel later told ABC News: "Mr Williams has not violated the law, whatsoever.

"We will fight this case ethically, legally, and zealously.

"Mr Williams will be cleared."

Young Thug is currently being held in Fulton County Jail after a judge denied bond.

Arrested alongside Young Thug was rapper, Gunna.

He was first denied bail in May 2022 after pleading not guilty to the charges against him.

However, he later changed his plea to guilty in December 2022 and was sentenced to five years, according to WSB-TV.

One of the five years was meant to be served in prison, but because he has already served time, he was released.

The remaining four years of the sentence have been suspended.

FIFA

In May 2015, federal prosecutors brought charges against a string of officials linked to the Fédération Internationale de Football Association (FIFA) and CONCACAF.

The 14 defendants – made up of FIFA bosses, sports marketing executives and the owner of a broadcasting corporation – were indicted under the RICO Act in a 47-count arraignment.

They were accused of "racketeering, wire fraud, money laundering conspiracies, among other offenses, in connection with the defendant's participation in a 24-year scheme to enrich themselves through the corruption of international soccer."

The defendants allegedly used the football federation as a front to gain millions of dollars in bribes, which is suspected to have influenced Russia and Qatar's bids to hold the 2018 and 2022 FIFA World Cups.

The Swiss authorities also launched a criminal inquiry into the matter.

Many of the investigations remain underway.

Hells Angels

Outlawed group, Hells Angels Motorcycle Club, were accused of using their organization as a front for a spate of violent crimes.

International intelligence agencies claimed the bikers were involved in drug dealing, trafficking stolen goods, fraud, gunrunning, extortion, theft, assault, murder, bombings, contract killings and prostitution.

Members of Hells Angels maintained they were simply a group with a shared enthusiasm for motorcycles and the responsibility should lie with individuals rather than the group.

But the State Department and Department of Homeland Security deemed the squad a "known criminal organization".

In 1979, US authorities set their sights on Sonny Barger and several other members of the Oakland division.

Prosecutors tried to slap Barger with RICO charges by attempting to prove a pattern of racketeering involving guns and drug offenses.

However, Barger was acquitted of the RICO charges due to a hung jury.

The president of the Hells Angels Sonoma Chapter, Jonathan "Jon Jon" Nelson was indicted in 2017 as part of a large-scale investigation into the gang.

A further 11 members, mostly related to the Sonoma dividend, were also charged with racketeering and engaging in serious violent crimes, including murder.

Nelson was accused of luring former Hells Angels sergeant-at-arms Joel Silva to a Fresno clubhouse after conspiring with other gang members before another member shot him in the head.

Cowboy Mafia

The Cowboy Mafia was once regarded as one of the most prolific drug smuggling groups in Texas, during the 1970s.

The gang used a string of shrimp boats – Agnes Pauline, Monkey, Jubilee, and Bayou Blues – on six trips from Colombia to the US, to import over 106 tons of marijuana from 1977 to 1978.

The mob was arrested in 1978 when the federal government seized the Agnes Pauline boat while they were unloading in Port Arthur, Texas.

The following year, 26 members were convicted.

The Cowboy's kingpin Charles "Muscles" Foster subsequently pleaded innocent by reason of insanity and was acquitted in 1980.

In 1981, the gang's suspected financial backer, multi-millionaire businessman Rex Cauble was indicted by a grand jury.

He was later convicted on ten counts – including two RICO charges – and sentenced to five consecutive terms of five years.

Cauble also had to give up his 31 per cent stake in Cauble Enterprises, before the government sold the interest back to his wife and son for an estimated $12 million.

He was released in September 1987.

Los Angeles Police Department

After the Rampart scandal exposed a culture of widespread corruption within the LAPD'S anti-gang unit, it opened the floodgates for the force to be prosecuted under the RICO Act.

The department's Community Resources Against Street Hoodlums (CRASH) component was reportedly plagued by misconduct allegations made against more than 70 officers.

The malpractice included unprovoked shootings, unprovoked beatings, planting of false evidence, stealing and dealing narcotics, bank robbery, perjury and tampering with evidence.

Federal judge William Rea ruled in one segment the plaintiffs could pursue RICO charges against law enforcement in April 2000, which was a further blow to the LAPD'S tarnished reputation.

However, the ruling was later reversed by US District Judge Gary Feess in July 2001.

What is RICO?