RICO Prosecutions18 U.S.C. §§ 1961-68
"Although it took some time before federal prosecutors began to use
RICO expansively, it is now widely used against many types of crime,
white collar crime." O. Obermaier and R. Morvillo, White Collar Crime:
Business and Regulatory Offenses, § 11.03, at 11-6 (Rel. 2, 1991).
RICO's prohibited activities are provided at 18 U.S.C. § 1962.
of either Section 1341 or 1343 or both may be used by prosecutors as the
predicate acts necessary to establish a RICO violation. See 18
§ 1961(1)(B) ("racketeering activity" defined to include "any act which
indictable under . . . . section 1341 (relating to mail fraud), section 1343
(relating to wire fraud) . . . .").|
If the other requisite elements of a RICO violation can be
a defendant who has committed the predicate acts of mail or wire fraud may
subjected to more severe sanctions than those imposed for a mail or wire
conviction. For example, the United States Sentencing Guidelines provide
the minimum base offense level for unlawful conduct relating to a RICO
is 19. U.S.S.G. § 2E1.1. In addition, the government may seek civil
U.S.C. § 1964) or criminal (18 U.S.C. § 1963(a)(1)-(3))
assets. "Courts have generally held that RICO criminal forfeiture is
upon the defendant's conviction." O. Obermaier and R. Morvillo, §
11-22 (citing cases from the Third, Fourth, Fifth, Ninth, and Eleventh
The property subject to forfeiture includes "real property" and "tangible
intangible personal property." See § 1963(b).
For Department policy relating to RICO prosecutions see USAM 9-110.000, et seq.
[cited in USAM 9-43.100]