Understanding the RICO Act
Definition of RICO
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a federal law designed to combat organized crime by imposing extended criminal penalties and providing a civil cause of action for acts performed as part of an ongoing criminal organization. Under the RICO Act, a pattern of racketeering activity is defined, encompassing a wide range of crimes such as murder, kidnapping, bribery, extortion, and money laundering. This federal law targets corrupt organizations and aims to dismantle criminal enterprises by holding individuals accountable for their involvement in these illegal activities.
History and Purpose of RICO
Enacted in 1970 as part of the Organized Crime Control Act, the RICO Act was created to address the growing problem of organized crime and corrupt organizations in the United States. The primary purpose of the RICO Act is to provide federal prosecutors with a powerful tool to investigate and prosecute organized crime. By imposing severe penalties on those convicted of RICO violations, the law aims to disrupt and dismantle criminal enterprises. Over the years, the RICO Act has been instrumental in prosecuting members of the mafia, anti-abortion groups, and various other organized crime groups, demonstrating its effectiveness in combating corruption and organized crime.
Does the Racketeer Influenced and Corrupt Organizations Act Apply in Pennsylvania?
Organized crime and gangs were a huge issue within the United States during the 1970s. In response, the federal government passed the Racketeer Influenced and Corrupt Organizations Act, most often known as the RICO Act. Today, the RICO Act still applies and can result in serious criminal charges. Given the complexity of federal crimes, it is crucial to have legal representation experienced in navigating both federal and state laws.
Pennsylvania Also Has Its Own State-Level Corrupt Organizations Law
Most racketeering charges brought against Pennsylvania residents are actually filed under the state’s own statute, not the federal RICO Act. 18 Pa. C.S. Section 911, Pennsylvania’s Corrupt Organizations Act, mirrors the federal law but is prosecuted in state court by county district attorneys rather than the U.S. Attorney’s office. It prohibits participating in or controlling an enterprise through a pattern of racketeering activity, defined as two or more acts of racketeering drawn from a list of predicate offenses that includes homicide, kidnapping, robbery, theft, bribery, and narcotics offenses.
A conviction under Section 911 is graded as a first-degree felony. The statute also allows Pennsylvania courts to order civil remedies separate from any criminal sentence, including requiring a defendant to divest their interest in an enterprise, restricting future business activities, or dissolving the organization entirely. Because a final criminal conviction can prevent a defendant from disputing the same facts in a later civil proceeding, the stakes in a state corrupt organizations case often extend well beyond the criminal sentence itself.
Whether a case is charged federally or under Pennsylvania’s own statute usually depends on which agency investigated it and the scope of the alleged enterprise. A case investigated by local or county authorities is more likely to proceed under Section 911, while one involving interstate activity or a federal task force is more likely to be charged under the federal RICO Act.
RICO Violations and Penalties
Types of RICO Violations
RICO violations encompass a broad spectrum of criminal activities, including:
- Organized Crime: The RICO Act is frequently used to prosecute traditional organized crime groups, such as the mafia, as well as other types of criminal enterprises.
- White-Collar Crime: RICO can also be applied to white-collar crimes, including wire fraud, securities fraud, and money laundering, targeting individuals and organizations involved in financial misconduct.
- Public Corruption: Public officials who engage in corrupt activities, such as bribery and extortion, can be prosecuted under the RICO Act, ensuring accountability for those in positions of power.
- Gang-Related Activity: The RICO Act is also used to prosecute gang-related activities, including violent crimes and drug trafficking, aiming to curb the influence of gangs in communities.
Can I Be Prosecuted Under the RICO Act in PA?
This federal law allows the government to prosecute and levy civil penalties against individuals who are convicted of performing racketeering activity as part of a criminal enterprise. Federal investigators play a crucial role in gathering evidence for these prosecutions, often conducting extensive and intrusive investigations. Racketeering activity may include crimes like murder, money laundering, kidnapping, drug trafficking, illegal gambling, bribery, slavery, counterfeiting, embezzlement, and other types of activities. To be prosecuted for this federal crime, the state must prove that the person indulged in at least two instances of racketeering. Federal laws are instrumental in these prosecutions, providing the legal framework for securing convictions.
Additionally, the government is required to show that the person invested in or participated in a criminal enterprise. Each RICO charge carries severe penalties, including significant prison time and hefty fines. This federal law has been utilized to press charges against several members of anti-abortion groups, the mafia, and several other groups and individuals. A RICO conviction can result in severe consequences, including lengthy prison sentences and substantial fines.
Contact an Experienced Norristown Criminal Defense Lawyer About Your RICO Charges in Pennsylvania
Were you arrested or charged with racketeering in Pennsylvania? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The attorneys at Rubin, Glickman, Steinberg, and Gifford have successfully represented clients charged with racketeering in Newtown, Doylestown, Lansdale, King of Prussia, Norristown, and throughout PA. Call (215) 822-7575 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 2605 N. Broad St., Colmar, PA 18915, as well as offices located in Lansdale and Newtown, PA.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Frequently Asked Questions About RICO Charges in Pennsylvania
What is the difference between federal RICO and Pennsylvania’s Corrupt Organizations Act?
Both laws target the same basic conduct, participating in an enterprise through a pattern of racketeering activity, but they are prosecuted by different authorities. Federal RICO cases are brought by U.S. Attorneys in federal court, while Pennsylvania’s own statute, 18 Pa. C.S. Section 911, is prosecuted by county district attorneys in state court.
What felony grade is a Pennsylvania corrupt organizations conviction?
A conviction under Pennsylvania’s Section 911 is graded as a first-degree felony, which carries some of the most serious criminal penalties available under state law, independent of any additional charges for the underlying predicate offenses.
Can I face civil consequences in addition to criminal RICO charges?
Yes. Both the federal RICO Act and Pennsylvania’s Section 911 allow courts to impose civil remedies separate from a criminal sentence, such as requiring a defendant to divest their interest in an enterprise or dissolving the organization. A prior criminal conviction can also make it harder to contest the same facts in a related civil case.
How many predicate acts does the government need to prove for a RICO charge?
Both federal RICO and Pennsylvania’s Corrupt Organizations Act require at least two acts of racketeering activity drawn from a defined list of predicate offenses to establish the required pattern. A single isolated offense, on its own, is not enough to support a racketeering charge.
Does being charged with RICO always mean I am accused of organized crime?
Not necessarily. While RICO and its Pennsylvania counterpart were designed with organized crime in mind, both laws have also been applied to white-collar fraud schemes, public corruption, and other enterprises that would not typically be described as organized crime in the traditional sense.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
August 11, 2026
