Facing Federal Rico Conspiracy Charges?

Under 18 U.S.C. § 1962(d), a RICO conspiracy occurs when two or more individuals agree to participate in a criminal enterprise through a pattern of racketeering activity. Unlike other federal conspiracy laws, a RICO conspiracy does not require an overt act to be completed but rather only the agreement itself must be proven.

18 U.S.C. § 1962(d) makes it illegal for someone to plan with others to break the rules in parts (a), (b), or (c) of this law. Unlike regular conspiracy laws that usually need proof that at least one person did something to help carry out the crime, under Section 1962(d), there’s no need to show that someone actually took a specific action to move the crime forward. 

Furthermore, a person who plans with others to commit a crime under parts (a), (b), or (c) can be found guilty of RICO conspiracy even if they didn’t personally commit or agree to commit the criminal activity themselves.

Key Legal Elements

To secure a conviction, the prosecution must prove:

1. An agreement between two or more individuals to commit a RICO violation;
2. Knowledge of the essential nature of the RICO scheme;
3. Intent to further the criminal enterprise through racketeering activities.

The underlying RICO violation can involve a range of predicate offenses, including:

• Wire fraud and mail fraud
• Drug trafficking
• Money laundering
• Bribery
• Murder, kidnapping, or extortion
• Obstruction of justice

Key Definitions

• Racketeering Activity (Pattern of Racketeering): The commission of multiple criminal acts (predicate offenses) such as sex trafficking, drug trafficking, or kidnapping, as part of an ongoing enterprise.
• Pattern of Racketeering: At least two related acts of racketeering committed within a 10-year period that demonstrate ongoing criminal activity.
• Enterprise: Any individual, partnership, corporation, or other entity engaged in or affecting interstate commerce, involved in the racketeering activity.
• Conspiracy: An agreement between two or more persons to commit a racketeering act or enterprise-related crime, with intent to further the crime.
• Predicate Offense: The underlying criminal acts (like sex trafficking) that form the basis for a RICO charge.
• Association-in-Fact Enterprise: A loosely organized group acting together for a common purpose, not necessarily a formal organization.
• Interstate Commerce: Movement or activities crossing state lines, which is crucial for federal jurisdiction.

How We Fight Federal Rico Conspiracy Charges

Federal RICO cases are unlike standard criminal prosecutions. They involve:

• Lengthy indictments
• Multiple co-defendants
• Parallel investigations
• Forfeiture threats to businesses, homes, and bank accounts

We are seasoned in handling multi-count federal indictments and know how U.S. Attorneys approach RICO prosecutions. Our team works early to:

• Analyze pre-indictment exposure
• Preserve constitutional defenses
• Control the narrative before trial
• Protect your rights and your future

Defending against a federal RICO conspiracy charge requires skillful navigation of complex statutes and federal procedure. Potential strategies include:

• Challenging the existence of an agreement: Showing lack of knowing participation in the alleged enterprise
• Disputing the pattern of racketeering: Undermining the relatedness or continuity of predicate acts
• Suppressing unlawfully obtained evidence: Contesting wiretap warrants, informant reliability, or overbroad subpoenas
• Isolating the client from broader enterprise allegations: Arguing that the defendant had no meaningful connection to the organization’s goals
• Negotiating plea deals: In some cases, cooperation or targeted motions can lead to charge reductions or sentencing mitigation

Common RICO Conspiracy Scenarios

Federal prosecutors use RICO conspiracy charges in cases involving:

• Alleged gang activity or street crews tied to violent crimes
• White-collar enterprises, including corporate fraud, healthcare fraud, and Ponzi schemes
• Drug distribution networks, particularly those operating across state lines
• Public corruption cases, where officials or contractors are accused of engaging in ongoing illegal conduct

How Federal Prosecutors Build RICO Conspiracy Cases

RICO conspiracy indictments often include:

• Years of surveillance, wiretaps, and confidential informant statements
• Financial records and communication logs
• Testimony from cooperating witnesses or co-defendants
• Uncharged conduct used to show a “pattern of racketeering”

Prosecutors do not need to show that every conspirator committed every act—only that the defendant knowingly agreed to the overall criminal purpose.

Possible Sentencing & Penalties in New York

A conviction for federal RICO conspiracy can result in:

• Up to 20 years in federal prison per count
• Life imprisonment if the underlying crime is punishable by life
• Fines of up to $250,000 or twice the proceeds of the offense
• Asset forfeiture, including personal and business property allegedly tied to the criminal enterprise

These penalties are often stacked with additional federal charges (e.g., firearms, drug conspiracy), which can significantly enhance sentencing exposure.

Examples and Related Cases

Defendants can and do beat RICO charges. The government's greatest strength in a RICO case—its complexity—is also its greatest weakness. A skilled defense attorney can dismantle a prosecutor's case by attacking its core components.

The recent acquittal of Sean "Diddy" Combs on RICO and sex trafficking charges is a prime example. While the government alleged a vast criminal enterprise, the defense successfully argued that the prosecution failed to prove a coordinated, ongoing criminal organization with a common purpose. They showed the jury that the government's narrative, while shocking, did not meet the strict legal requirements of the RICO statute.

This is a common theme in successful RICO defenses. Juries can be persuaded that the government has overreached, lumping unrelated acts or individuals together to create the illusion of a criminal enterprise. Victory requires a defense that can untangle the indictment, challenge the credibility of government informants, and show a jury that the defendant was not part of a criminal agreement.

Our office has successfully defended against RICO charges.  As described above, oftentimes, a federal prosecutor’s office may feel emboldened to add RICO charges to an otherwise mundane conspiracy allegation. While the RICO statute casts a wide net, the broad and vague application of such allows for experienced defense counsel to show the inapplicability of the statute to a particular offense or set of offenses. In a recent federal matter, our office was able to convince federal prosecutors to dismiss a RICO count due to the vagueness of the statute as it applied to this particular individual. In doing so, we drastically decreased our client’s federal sentencing guidelines. 

Your Defense Begins Now

With experience as a former prosecutor, we know how federal prosecutors build RICO conspiracy cases. The sooner we’re involved, the more options we have to protect your freedom. If you’ve been charged with or are being investigated for federal RICO conspiracy, contact The Law Offices of Jason Goldman immediately.