By Charles Passy
6 things you should know about RICO violations that are usually associated with gangsters but can apply much broader, say legal experts.
Donald Trump may not be a mafia boss. But how and why did Georgia prosecutors charge him and his associates with committing a crime closely related to organized crime?
We are of course referring to Trump and others being accused of violating the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act. It is the first of a 41-count indictment related to the former president’s efforts to overturn the 2020 election results. And it’s arguably the book that’s garnered the most attention, largely for its association with the world of gangsters.
To better understand what a RICO charge means and how it applies to this particular case, we researched all things RICO and spoke to Michelle Suskauer, a veteran criminal defense attorney at Dimond, Kaplan & Rothstein in Florida and former President of the Florida Bar. Here are some of the key things we learned.
When did RICO come into effect? And why was it created in the first place?
Originally, the RICO Act was introduced at the federal level in 1970. And yes, it was created primarily as a tool to combat organized crime – or as the Justia website puts it, it is “the ‘ultimate killer’ in mob law enforcement”. .” The core tenet of RICO is that it involves indicting an individual or individuals for operating a criminal enterprise — meaning committing more than one underlying crime (or “predicate offense” in the legal sense) and the Crimes linked to something big are bigger, in other words, a thug.
But Trump and others have not been charged with violating federal RICO. So what’s up?
RICO does not only exist at the federal level. States, including Georgia, now have their own RICO laws. And as Suskauer notes, state laws can be much broader, meaning a wider variety of underlying offenses can be considered part of a RICO violation.
So the RICO charges aren’t just limited to members of the Mafia?
No. Despite RICO’s roots in the mafia, it’s not just about chasing down gangsters anymore. As Suskauer says, “RICO statutes were originally enacted to prosecute organized crime. But they have been used by prosecutors across the country for much more than that.”
Justia’s website says the group charged with a RICO violation “could be a crime family, a street gang, or a drug cartel. But it can also be a company, a political party or a managed care company.” The company simply has to be a separate entity.
Why not just charge individuals with specific crimes? On what grounds do prosecutors bring a RICO indictment?
In short, RICO charges can result in the harshest penalties. And “prosecutors will indict the most serious crime that they think they can prove in court,” says Suskauer. In Georgia, a RICO violation is punishable by a minimum of five years in prison, but the penalty can be up to 20 years.
If Trump and his associates are convicted under RICO, does that mean the other charges don’t apply?
Absolutely not. The indictment consists of 41 counts, ranging from “conspiracy to ascertain the identity of an official” to “false testimony and writings”. However, keep in mind that different people in the indictment were accused of different things (Trump himself is indicted on 13 counts).
It is conceivable that anyone charged here will be convicted on multiple counts, including the RICO case. It is also conceivable that someone will not be convicted according to RICO, but will have to reckon with other convictions. Of course, it is also possible that someone, including Trump, will not be convicted at all. Ultimately, the prosecutors would have to prove their case for each charge, says Suskauer.
Is there a risk for prosecutors to go the RICO route, especially in this case?
Suskauer says it shouldn’t come as a surprise that Georgia prosecutors decided to open a RICO case because it carries a hefty penalty indeed. But in a case with 19 defendants – Trump plus 18 others – it makes things “incredibly complex,” she says.
“If prosecutors want a quick trial, that’s not possible here,” she says.
Additionally, Suskauer said, a jury could find the RICO indictment a transgression, which in turn would weaken the overall case.
“Would juries be shut down because they think prosecutors are overextending themselves? That’s always a risk,” says Suskauer.
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– Charles Passy
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8/24/23 1833ET
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