A Pattern of RICO Activity is the Key Element of a Federal Racketeering Charge
Agreeing to a Pattern of Racketeering Activity
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What is a Pattern of Racketeering Activity?
The fourth element of a federal racketeering charge is also arguably its most important. In order to convict for a federal RICO charge, the Government must prove beyond a reasonable doubt that the defendant agreed to engage in a pattern of racketeering. What constitutes a pattern of racketeering is broken down into three separate elements, as follows:
The Defendant agreed to commit at least two separate racketeering acts
The racketeering acts had a meaningful connection to the alleged illegal enterprise
The racketeering activity must have extended over a substantial period of time or posed a threat of continued criminal activity
Understanding the Importance of the Sub-Elements of a Pattern of Racketeering Activity is Vital for any RICO Federal Charge Defense
These sub-elements constituting a pattern of racketeering are very important to any defense to a federal RICO charge. For example, the separate racketeering acts must be related in some way. In other words, they cannot be isolated events.
Types of Acts Considered Racketeering Acts in a Federal RICO Case
As to what exactly is a racketeering act, 18 USC §1961(1) gives us specific crimes which can be considered racketeering acts. Crimes such as murder, narcotic trafficking, kidnapping, arson, gambling, and extortion are all examples of racketeering acts. A racketeering act can be either a State criminal law or a Federal criminal law. For example, a common tactic is for the Government to argue that a defendant committed a Michigan home invasion, which if proven, becomes a federal racketeering act.
We are RICO Lawyers who have Handled Major Level Federal RICO Trials
There is a reason why a federal RICO charge is by far the most complex of federal criminal charges. Because of this, there are only a few attorneys in Michigan who have handled a significant amount of federal racketeering cases. A team approach where a significant amount of time, preparation, and aggressive litigation are absolutely essential to any RICO defense. For this reason, call us and let’s talk about how we can help you with your RICO case.