RICO laws

Racketeer Influenced and Corrupt Organizations laws.

Federal and state laws designed to investigate, control, and prosecute organized crime. 18 U.S.C.A. No. 1961 et seq.

Both criminal prosecution and civil actions may be brought under RICO statutes. Federal RICO laws prohibit a person from engaging in activities which affect interstate or foreign commerce, including:

(1) using income received from a pattern of racketeering to acquire an interest in an enterprise;

(2) acquiring or maintaining an interest in an enterprise through a pattern of racketeering;

(3) conducting or participating in the affairs of an enterprise through a pattern of racketeering; and,

(4) conspiring to commit any of the above offenses. To establish a prima facie RICO claim, a civil plaintiff or prosecutor must allege the existence of seven elements:

"(1) that the defendant

(2) through the commission of two or more acts

(3) constituting a 'pattern'

(4) of 'racketeering activity'

(5) directly or indirectly invests in, or maintains an interest in, or participates in

(6) an 'enterprise'

(7) the activities of which affect interstate or foreign commerce." 18 U.S.C.A. No. 1962. Moss v. Morgan Stanley, Inc., C.A. N.Y., 719 F.2d 5, 17.

See also pattern of racketeering activity