New York has state laws that mirror the federal-level Racketeer-Influenced and Corrupt Organization (RICO) Act. Prosecutors apply the state’s RICO laws against defendants suspected of participating knowingly in criminal enterprises whose activities occur within the state.
The offense of enterprise corruption
Lawmakers designed RICO laws to prosecute people involved in organized crime. The criminal offenses defined by RICO refer to enterprise corruption. Enterprise corruption occurs when someone, acting as part of a criminal enterprise, gains control or part ownership of an enterprise and uses that influence to obtain illegal profit. The enterprise infiltrated by the individual can be a legitimate business.
Definition of criminal enterprise
A criminal enterprise arises from a group of people who work in concert to achieve illegal profits through the corruption of another organization. The group itself represents an ongoing affair and can continue as members leave or join the group.
The complexity of RICO laws may create some opportunities for a criminal defense due to a prosecutor needing to prove multiple elements that form a racketeering offense. To be convicted of racketeering, the court must show that you performed multiple offenses related to the criminal enterprise.
Pattern of criminal activity
The criminal justice system faces the burden of documenting that a defendant engaged in a pattern of criminal activity meant to profit the criminal enterprise. The law defines a pattern as at least three offenses consisting of at least two felonies with two of the offenses happening within five years. No more than three years can separate the alleged offenses.
For a pattern to support RICO charges, a prosecutor must have evidence that the defendant committed the offenses with knowledge of the criminal enterprise. Without proof of knowledge of the enterprise, a defendant may argue that participation in the criminal enterprise did not occur.
