The Racketeer Influenced and Corrupt Organizations Act—commonly referred to as the RICO Act or simply RICO—is a federal law that provides for criminal prosecution of racketeering activities as part of an ongoing criminal organization. 18 U.S.C. §1961. RICO is designed to address the infiltration of legitimate business enterprises by organized crime and other illegal ventures—such as laundry services, retail stores, restaurants, nightclubs, and labor unions—to commit gambling, money laundering, loan sharking, or extortion.
Under RICO, leaders of criminal organizations can be held liable for crimes they order others to commit, or assist them in committing, in furtherance of the ongoing criminal organization. Section 1962 sets forth three substantive offenses and makes it a crime to conspire to commit any of the three substantive offenses. Section 1961 provides definitions for terms used in the RICO statute. And section 1963 establishes criminal penalties, including imprisonment, fines, and criminal forfeiture.
The Racketeer Influenced and Corrupt Organizations Act (RICO), codified as 18 U.S.C. § 1961 and following, is a federal statute that allows for the prosecution of individuals involved in organized crime, including those who operate or manage criminal enterprises. In West Virginia, as in all states, federal RICO laws apply and can be enforced by federal law enforcement agencies. RICO targets a range of criminal activities, such as gambling, money laundering, loan sharking, and extortion, particularly when these activities are part of an ongoing criminal organization. Under RICO, leaders of such organizations can be prosecuted for crimes they directed others to commit or assisted in, even if they did not commit the crimes themselves. The law also includes provisions for severe penalties, including imprisonment, fines, and the forfeiture of assets derived from or used in the criminal enterprise. While RICO is a federal law, West Virginia may have its own statutes addressing similar criminal conduct, but RICO specifically allows federal authorities to address organized crime that operates across state lines or has a substantial impact on interstate or foreign commerce.