The Rackteer Influenced & Corrupt Organization Act
commonly referred to as RICO, is a federal law enacted in 1970 to combat organized crime. The RICO law allows for the prosecution of individuals and organizations involved in criminal enterprises, including those engaged in white-collar crimes, such as fraud and embezzlement. What is lesser known, however, is that private parties can also sue a criminal enterprise under RICO, making it a powerful tool for individuals and organizations seeking to hold criminals accountable.
To understand how RICO works, it's essential to break down the key elements of the law. RICO makes it illegal for anyone to engage in a pattern of racketeering activity, which is defined as a series of criminal acts, including extortion, bribery, and fraud, among others. The law also prohibits individuals from investing in or maintaining an interest in a criminal enterprise, as well as conspiring to commit racketeering offenses.
One of the most significant aspects of RICO is its civil provision, which allows private parties to sue a criminal enterprise for damages. This provision, known as 18 U.S.C. § 1964, states that any person injured in their business or property by reason of a violation of RICO can sue the criminal enterprise for treble damages, costs, and attorney's fees. This means that if a private party can prove that they were harmed by a criminal enterprise, they can seek compensation for their losses, as well as additional damages and legal fees.
The implications of RICO are far-reaching, and its civil provision has been used in a variety of cases, including those involving fraud, embezzlement, and extortion. For example, in the 1980s, the law was used to prosecute the leaders of the Gambino crime family, who were accused of engaging in a pattern of racketeering activity, including extortion, bribery, and fraud. The case resulted in the conviction of several high-ranking members of the crime family and led to the seizure of millions of dollars in assets.
In recent years, RICO has been used to prosecute individuals and organizations involved in white-collar crimes, such as fraud and embezzlement. For instance, in 2019, a federal court in New York ordered a group of individuals and companies to pay $100 million in damages to a group of investors who were defrauded in a Ponzi scheme. The court found that the defendants had engaged in a pattern of racketeering activity, including fraud and embezzlement, and ordered them to pay treble damages, costs, and attorney's fees.
Donald Trump, his Criminal Enterprise, & RICO
The case of Donald Trump and his alleged criminal enterprise is particularly interesting in the context of RICO. As
a former NSA analyst, knows all about the NY Field Office of the FBI and its unorthodox policies & practices. I am of the opinion Trump was in fact an informant, which is a partial explanation of his mediocric rise. Trump's rise to power was facilitated by his ability to garner law enforcement trust and support, despite being involved in the thoroughly mobbed-up NYC construction business, because unlike those he was informing on Trump wasn't literally killing people. I have yet to even see a rumour of bodies buried on any Trump property. He seemed smart enough to keep the distance between himself and blood crime. But Trump appears to have gone too far.Trump's alleged involvement in the killing of Whitey Bulger and the Jewish spy Epstein may have been the final straw for the FBI. Trump literally made a photo shoot of himself with his bleeding fingers. Most people wondered what happened. To me it was obvious: there is blood on Trump’s hands.
Back to the law: The implications of RICO in the context of Trump's alleged criminal enterprise are significant. If a private party were to sue Trump and his organization under RICO, they could potentially seek treble damages, costs, and attorney's fees. This could lead to the seizure of Trump's assets, including his businesses and properties, and could potentially lead to his criminal prosecution. Furthermore, the public prosecutor can always intervene in a RICO case, which means that if a private party were to sue Trump and his organization, the government could potentially take over the case and pursue criminal charges. This would give the government the opportunity to investigate Trump's alleged criminal activities and potentially bring him to justice.
RICO is a powerful tool for combating organized crime and holding criminals accountable. The law's civil provision, which allows private parties to sue a criminal enterprise for damages, has been used in a variety of cases, including those involving fraud, embezzlement, and extortion. The case of Donald Trump and his criminal enterprise is particularly interesting in the context of RICO. A private party could sue him and his organization under the law. If this were to happen, it would lead to the seizure of Trump's assets and potentially even his criminal prosecution.
Trump's business practices have long been under scrutiny, with allegations of connections to organized crime figures and questionable financial dealings. Despite these allegations, there has been no definitive evidence linking Trump to violent crimes typically associated with organized crime. However, this lack of direct involvement in "blood crimes" does not exempt him from potential RICO liability. RICO does not require involvement in violent crime; it is sufficient to demonstrate a pattern of racketeering activity, such as fraud or money laundering. A RICO lawsuit can be brought by private persons.
Implications of a RICO Case Against Trump
If a RICO case were brought against Trump and his organization, it would likely focus on alleged financial crimes and corrupt business practices. These could include fraud, money laundering, and other white-collar crimes that constitute a pattern of racketeering activity. The potential for such a case was highlighted by Trump's alleged connections to figures like Whitey Bulger and Jeffrey Epstein, whose deaths have been surrounded by conspiracy theories and suspicions of foul play.
It is entirely possible there will be an “october surprise”: the one who will be surprised is Trump, not me… "
Free eBook: International Corporate Criminal Law
Here, have another free eBook!
NSA How may I take your order?
Learn Chinese