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The actions most often invoked by RICO plaintiffs are mail fraud, wire fraud, and fraud in the sale of securities. However, innovative attorneys have also invoked other offenses, such as murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, and drug trafficking.
The Racketeer Influenced and Corrupt Organizations Act (RICO) of 1970 seeks to strengthen the legal tools in evidence gathering by establishing new penal prohibitions and providing enhanced sanctions and new remedies for dealing with the unlawful activities of those engaged in organized crime.
There are a number of potential defense strategies a skilled criminal defense attorney can use to defeat a RICO charge, including the following: You did not commit or conspire to commit the crimes in question. Your actions were not of a criminal nature.
A violation of a state criminal law cannot be used as a predicate act under RICO if the statute of limitations has run out on the prosecution of the state offense.
Defenses Against a RICO Charge Since the burden of proof is on the prosecution, if they are unable to prove beyond a reasonable doubt that the defendant was involved in racketeering, then he or she must be acquitted.

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With regard to the state crimes, the RICO Act states that a violation can be predicated upon any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance . . . which is chargeable under State law and punishable by
RICO rules of procedure allow the government to freeze the assets of the defendant prior to the case even going to trial. The reasoning behind this was that making the government wait until a guilty verdict was entered would allow time for these assets to be well hidden.
Penalties Under the RICO Act Not only does the RICO statute provide for criminal penalties including 20 years of prison, but the financial penalties are severe. A person convicted can face a fine of either $250,000 or double the amount of proceeds earned from illicit activity.
To convict a defendant under RICO, the government must prove that the defendant engaged in two or more instances of racketeering activity and that the defendant directly invested in, maintained an interest in, or participated in a criminal enterprise affecting interstate or foreign commerce.
All that must be shown is: (1) that the defendant agreed to commit the substantive racketeering offense through agreeing to participate in two racketeering acts; (2) that he knew the general status of the conspiracy; and (3) that he knew the conspiracy extended beyond his individual role. United States v.

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