Trump and Associates Face RICO Charges
The nation has been fixated on the legal issues facing Former President Trump, who is looking at criminal charges in several venues, not the least of which is Georgia, where he is facing charges under the Racketeering Influenced and Corrupt Organizations Act (RICO), which was originally written in an effort to fight against organized crime, the Mafia, in particular. So how did a former president and his allies wind up with 41 counts ranging from conspiracy charges and racketeering to computer theft and false statement charges?
Requirements Under RICO
Under federal law, there are two basic requirements for prosecution under RICO: there must have been involvement in criminal enterprise over a lengthy period of time, and there must be two or more underlying crimes. It’s been used to get to mob bosses who orchestrated and ordered the commission of crimes, though didn’t personally commit the crimes. Several states have adapted the law over time, and Georgia is one of them. In a broader definition of racketeering, it is easier for prosecutors to demonstrate patterns of lawless actions, and the activity needn’t have been for long periods of time. In Georgia, in fact, even school teachers & administrators who were accused of conspiring to cheat in order to raise their students’ scores on standardized tests have been prosecuted under RICO laws.
Charges in the Case
The indictment charges Trump and others–including Rudi Giuliani and Mark Meadows–with knowingly joining a conspiracy aimed at changing the outcome of the 2020 election after Mr. Trump lost. RICO ties multiple charges together into one neat little package. According to the prosecutor, Fani Willis, the advantage of charging indictments under RICO is that juries can hear the connections between actions and get a more comprehensive view of what occurred, even if some of the unlawful activity occurred outside of Georgia, with penalties of to 20 years in prison for a conviction.
RICO Charges in Nevada
Here in the Silver State, RICO charges must be pursued by the U.S Attorney’s Office, and the pattern of criminal activity must have occurred for 10 years or longer. While gangs and organized crime may be the subject of such charges, other allegedly corrupt entities have been targeted, as well from homeowner’s associations to various corporations. And the charges target all sorts of violent and non-violent offenses, including murder, arson, money laundering, and more. And just like Georgia, a conviction could put an offender in federal prison for 20 years.
Defending RICO Charges
At Lobo Law, our knowledgeable Las Vegas criminal defense attorneys use every tool we have to fight against such charges. To discuss your situation, schedule a confidential consultation in our office today.