What are RICO charges? What is racketeering?

Former president Donald Trump is facing criminal charges in Georgia that are unlike those he is dealing with in his earlier indictments. He and 18 of his allies have been charged under a law more famously known to be used against organized crime- the Racketeer Influenced and Corrupt Organizations Act, or RICO.

RICO charges in Georgia are based on the same federal RICO Act principles but are applied at the state level. Georgia, like many other states, has its own version of the statute that allows for the prosecution of individuals and organizations involved in a pattern of racketeering activities.

What are RICO charges?

In Georgia, RICO charges can be brought against individuals or groups that engage in a series of criminal acts as part of a larger enterprise. These charges are typically more severe than individual charges for the underlying criminal acts due to the organized and systemic nature of the offenses. For this reason, there are many other defendants who were charged along with Trump.

READ ALSO: The Sit Down: Donald Trump & Tucker Carlson had a chat

READ ALSO: Who are the Republican Party presidential candidates?

Under Georgia’s laws, to establish RICO charges, prosecutors generally need to prove the following:

Enterprise

There must be a criminal enterprise, which could be an organization, group, or association, involved in a pattern of racketeering activities. This enterprise could be either legitimate- for example, a business used as a front for illegal activities- or purely criminal in nature.

Pattern of racketeering activities

The defendant must be engaged in a pattern of criminal activity, typically involving at least two incidents of specific racketeering offenses outlined in the statute. These offenses can include various forms of fraud, theft, extortion, bribery, drug trafficking, and other crimes.

Connection

The defendant must have some form of involvement with the criminal enterprise and its activities. This could include acts of directing, managing, or participating in the enterprise.

Intent and knowledge

Prosecutors need to demonstrate that the defendant knowingly engaged in the racketeering activities with the intent to further the goals of the criminal enterprise.

If convicted under Georgia’s RICO statute, defendants can face substantial penalties, including fines, forfeiture of assets gained from criminal activities, and significant prison sentences. Just like federal RICO charges, those at the state level can also lead to the dismantling of criminal organizations and the seizure of their assets.

What is racketeering?

The “R” in RICO refers to “racketeering”, which means engaging in a pattern of illegal and often organized activities aimed at generating profit through fraudulent, coercive, or illegal means.

Racketeering activities typically involve criminal organizations that engage in various forms of illegal conduct. These groups structure their operations in a way that allows them to profit from these illegal activities while minimizing the risk of detection and prosecution. The term “racket” originated from the idea of organized criminal activities resembling a business operation.

Racketeering activities can encompass a wide range of illegal actions, including but not limited to fraud, extortion, bribery, money laundering, illegal gambling, drug trafficking, human trafficking, counterfeiting, embezzlement, and other illegal acts.

The RICO Act, both at the federal level and in many states, was introduced to fight such organized criminal behavior and provides a legal framework to prosecute individuals and groups engaged in racketeering activities.