FAQ

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law designed to combat organized crime. It allows prosecutors to charge individuals and organizations engaged in a pattern of racketeering activity, including fraud, bribery, money laundering, and other offenses.

A RICO violation occurs when a person or entity engages in at least two predicate offenses (such as wire fraud, extortion, or drug trafficking) within a 10-year period as part of an ongoing criminal enterprise. The law targets both direct criminal acts and those who order or assist in illegal activity.

Yes. RICO charges are not limited to traditional organized crime. They can be brought against businesses, corporations, political organizations, or even individuals engaged in fraud, conspiracy, or other unlawful schemes.

[Explore corporate liability under RICO →]

Penalties for RICO violations are severe and may include:

• Up to 20 years in prison per offense
• Criminal fines
• Forfeiture of assets gained from illegal activities
• Treble damages (three times the amount of actual damages) in civil RICO lawsuits

Some well-known RICO cases involve:

• Organized crime syndicates (e.g., mafia-related prosecutions)
• White-collar crime (e.g., securities fraud and Ponzi schemes)
• Government corruption (e.g., bribery and extortion)
• Human trafficking and drug cartels
• Street gangs and criminal organizations

[See notable RICO case studies →]

RICO is frequently used against financial fraud, investment scams, and corporate corruption. If a company or individual commits fraud, bribery, or money laundering as part of an ongoing scheme, they may face RICO charges.

[Read about white-collar RICO cases →]

Yes. Victims of RICO-related crimes (such as fraud or extortion) can sue in civil court. If successful, plaintiffs may recover treble damages (three times their losses), along with attorney’s fees.

[Find out if you have a civil RICO claim → ]

• Criminal RICO: Brought by prosecutors, can lead to prison time, fines, and forfeiture.
• Civil RICO: Filed by private individuals or businesses seeking financial compensation.

[Compare civil and criminal RICO cases →]

To secure a conviction, prosecutors must prove:

1. The defendant engaged in a pattern of racketeering (at least two crimes).
2. The crimes were connected to an ongoing criminal enterprise.
3. The defendant had knowledge and intent to participate.

[Learn more about how RICO cases are built →]

Possible defenses include:

• Lack of evidence (insufficient proof of a criminal enterprise)
• No pattern of racketeering (incidents were isolated, not ongoing)
• Statute of limitations (RICO claims must be filed within a specific timeframe)
• Duress or coercion (defendant was forced to participate)

The statute of limitations for civil RICO cases is typically four years from the date of discovery of the injury. However, deadlines can vary based on the nature of the case.

Yes. Many states have their own state-level RICO statutes that mirror federal law but may cover additional offenses or provide alternative penalties.

Absolutely. RICO cases are complex and carry severe penalties. An experienced attorney can help challenge evidence, negotiate plea deals, or build a strong defense.

[Schedule a consultation with a RICO defense attorney →]

RICO was enacted in 1970 to combat organized crime, particularly targeting the Mafia. Over time, its application has broadened to include corporate fraud, white-collar crime, political corruption, cybercrime, and gang activity. Today, RICO is one of the most versatile legal tools in both criminal and civil cases.

A criminal enterprise can be any group of individuals or entities working together with a shared illegal purpose. This could be a street gang, a corporate fraud ring, a corrupt labor union, or even a loosely connected network of individuals engaging in illegal activities.

[Learn more about what qualifies as a RICO enterprise →]

Because RICO is a federal law, the government must show that the criminal enterprise affected interstate commerce—such as through financial transactions, telecommunications, or the transportation of illegal goods. This requirement is usually easy to meet, as most businesses or criminal organizations operate across state lines in some way.

[See how interstate commerce plays a role in RICO cases →]

No. RICO requires a pattern of racketeering activity, meaning at least two related crimes (predicate offenses) must have been committed within a ten-year period as part of an ongoing criminal enterprise.

[Read more about RICO’s pattern of racketeering requirement →]

Businesses and individuals can file civil RICO lawsuits if they have suffered harm due to fraud, corruption, or other racketeering activity. If successful, plaintiffs can recover treble damages (three times their actual financial losses).

• Criminal RICO cases: Typically five years from the last predicate act.
• Civil RICO lawsuits: Generally four years from the discovery of harm, but certain factors can extend this period.

[Learn more about RICO’s statute of limitations →]

Yes. RICO conspiracy laws allow the government to charge individuals who knowingly assisted, funded, or directed racketeering activity—even if they did not personally commit the underlying crimes.

One of RICO’s strongest enforcement tools is asset forfeiture, which allows the government to seize money, property, and assets obtained through illegal activity. This can include real estate, bank accounts, vehicles, and even business assets.

[See how RICO asset forfeiture works →]

Defendants can challenge asset forfeiture by arguing:

• The property was not connected to criminal activity
• They were a bona fide third-party owner
• Law enforcement violated due process in seizing the assets

Yes, RICO charges can be dismissed or reduced if the defense successfully argues:

• No criminal enterprise existed
• No pattern of racketeering activity was established
• Insufficient evidence to prove conspiracy or intent
• The statute of limitations has expired

Since RICO carries severe penalties, defendants sometimes negotiate plea deals to reduce charges or sentencing. However, because RICO cases often involve multiple defendants, plea negotiations can be complex.

[Find out how plea agreements work in RICO prosecutions →]

A RICO conviction can severely limit career options, especially in industries like:

• Finance and banking
• Government and politics
• Healthcare and legal professions
  Additionally, individuals convicted under RICO may lose business licenses and face permanent reputational damage.

Non-citizens convicted under RICO may face deportation or visa revocation, even if their crimes were non-violent. Immigration consequences can be severe, requiring legal intervention to minimize penalties.