Exploring the Use of Racketeering Charges in Modern Prosecutions

The Chicago Mafia, the Gambino family, and the Lucchese family are notorious groups that dominated organized crime in Chicago and New York for decades. Prosecutors were able to dismantle their operations with one sweeping charge: racketeering.

Since then, the federal government has applied racketeering charges to various high-profile cases, including the largest college admissions scandal, the prosecution of former U.S. President Donald Trump, and accusations against musicians such as R. Kelly, Young Thug, and Sean ‘Diddy’ Combs.

Though sex trafficking, cheating scandals, and mob activity may seem disparate, they all fall under the broad category of racketeering. Racketeering refers to engaging in illegal schemes, as defined by the Racketeer Influenced and Corrupt Organizations (RICO) Act. The RICO Act describes 35 offenses, including kidnapping, murder, bribery, arson, and extortion.

G. Robert Blakey, a federal criminal law professor at Notre Dame University, explains that racketeering is not a specific crime but a framework for prosecuting a series of criminal activities. To convict someone under racketeering laws, prosecutors must demonstrate a pattern of racketeering activity involving at least two instances.

Congress enacted the RICO Act in 1970 to combat organized crime. It has since been used to target high-profile Mafia members like Antonio Corallo, head of the infamous Lucchese crime family. However, racketeering charges are not only associated with organized crime. The law’s breadth has allowed prosecutors to apply it in various contexts, including beyond traditional mafia activities.

To secure a racketeering conviction, five criteria must be proven: a criminal enterprise existed, the enterprise affected interstate commerce, the defendant was associated with or employed by the enterprise, the defendant engaged in a pattern of racketeering activity, and the defendant participated in at least two acts of racketeering activity.

The minimum sentence for racketeering depends on the jurisdiction and severity of the crime, and convicted individuals can also face fines.