RICO is often used to target the mob and cartels − but Trump and his associates aren't the first outside those worlds to face charges
Many racketeering prosecutions involve lucrative criminal enterprises, such as illegal drug operations or the Mafia.
- Many racketeering prosecutions involve lucrative criminal enterprises, such as illegal drug operations or the Mafia.
- Whatever the lawfulness of Trump’s efforts to overturn the 2020 election, no one claims his conduct was part of a Mafia scheme.
- At that time, he will be read his formal charges and will plead guilty or, far more likely, not guilty.
- A grand jury in Fulton County, Georgia, indicted Trump and 18 other political associates on Aug. 15, 2023.
RICO’s relatively short history
- At least 31 states, including Georgia, have since enacted so-called “little RICO” or “state RICO” laws modeled after federal RICO, allowing such prosecutions to be brought in their courts.
- In general, both federal and state judges have interpreted RICO broadly, in both allowing charges and convicting defendants.
- But in such cases only monetary damages and other forms of civil relief may be awarded, and this does not result in imprisonment.
Anyone can get charged with RICO
- So, if otherwise upstanding citizens who work for legitimate businesses commit acts of bribery and corruption, this can lead to a RICO charge.
- A few years later, in 1994, the Supreme Court unanimously ruled that abortion clinics could use the federal RICO law to sue anti-abortion protesters who conspired to shut them down.
- In 1997, the federal government charged a Texas sheriff with RICO after he accepted money from a federal prisoner in exchange for conjugal visits with the prisoner’s wife or girlfriend.
- Over the past few decades, many business leaders, politicians and other government officials have been convicted of state and local RICO offenses for various crimes.
Georgia courts are on board
- Georgia courts agree with the Supreme Court that their state RICO law requires no allegation or proof of “nexus with organized crime.” A range of people in Georgia have been hit with RICO charges.
- In 2005, Georgia prosecutors charged a former DeKalb County sheriff named Sidney Dorsey with killing his successor, as well as racketeering and other crimes.
- Truck stop owners and operators accused of doctoring the prices and fuel quality labels on gas pumps have also been prosecuted.