The novelty behind RICO lies in its focus on the core of the crime being one’s affiliation with a group rather than the individual schemes executed by that group. This is crucial.
In the language of RICO, this group is referred to as the enterprise. While it commonly exhibits criminal traits, it is not a requirement. An enterprise is defined as an “association in fact,” a broad concept encompassing a wide spectrum of groups ranging from inherently illegal entities like a mafia syndicate to lawful ones such as labor unions or political parties. These groups can vary from highly organized formations like militias to more loosely connected entities like street gangs. A group becomes subject to RICO if it conducts its operations through a pattern of racketeering activities, which generally involve multiple felonies, often of the type associated with organized crime (as defined in §1961(1), the extensive federal description of racketeering activity). It’s worth noting that there are additional categories of RICO offenses that are not pertinent to our current discussion.
The central focus of a RICO offense is the membership within the enterprise responsible for committing crimes, rather than the specific criminal acts carried out by the enterprise. To illustrate, consider the hypothetical scenario of the, say, Lucchese mafia “family” engaging in acts like murder and extortion, common in organized crime circles. If you were charged with RICO conspiracy in this context, the charge wouldn’t center around the assassination of a rival mobster or the extortion of a businessman (although you might face separate counts for these crimes if you were directly involved). Instead, the offense would revolve around intentionally participating in the dealings of the Lucchese family. The prosecutor would need to demonstrate that your involvement was achieved through the commission of crimes (i.e., the pattern of racketeering activity). Yet, the crux of the charge remains centered on the enterprise itself.
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