RICO
Federal RICO law (the "Racketeer Influenced and Corrupt Organizations Act"), and state counterparts, is one of the most potent elements in the modern prosecutorial arsenal. The law imposes criminal liability not only for direct criminal acts but also for the acts of others with whom a person is alleged to have some affiliation. The federal RICO statute (codified at 18 U.S.C. §§ 1961-1968) and the applications of it are extremely complex. The scope of liability under the law is expansive.
RICO was designed as a prosecutorial weapon against the Mafia and such organized crime groups, targeting the traditional tactic of leaders of such organizations of insulating themselves from guilt by maintaining multiple layers between themselves and the lower-level members who carried out the day-to-day violent criminal activities of the groups. But in later years the law has been extended by application far beyond that context. It now is regularly applied in situations far removed from the Mafia context, including ones not involving violence or any other activities characteristic of traditional organized crime; even in "white collar" situations involving only economic crime.
The RICO law is extremely broad in coverage, particularly when combined, as it often is, with broad principles of conspiracy liability. It is a minefield of complexities. No area of federal criminal law is more dangerous for the accused. Prosecutors often add RICO charges to other, core charges in a case, to greatly increase the pressure on defendants.
But there are limitations on the reach of RICO. There are defensive opportunities and strategies that can be utilized to avoid liability under the statute. Because of the complexity of the law and its application by the courts, extensive knowledge and experience are required in order to identify favorable opportunities under the law for defendants in particular cases.
Roger Wilson has extensive experience in handling and litigating federal RICO cases. He has tried RICO cases to verdict; he has obtained dismissals of RICO charges; and he has obtained favorable results for clients even with RICO liability.
1100 Peachtree Street, Suite 200, Atlanta, GA 30309