The term "extortion" is often used to refer to the pattern of illegal activity under the Racketeering Influence and Corrupt Organizations Act (RICO). In modern America, crimes and criminals involving racketeering are punished under the Racketeers Influence and Corrupt Organizations Act of 1970, or the RICO Act.
Federal
Federal racketeering charges cover crimes committed by extortion or coercion, not just physical assault. All racketeering allegations are serious and complex crimes that may be investigated by one or more law enforcement agencies over an extended period of time. In fact, racketeering charges are usually made against organised business ventures that are far less common than organised crime alliances such as the Mafia.
Legal
In many cases, racketeering is carried out as part of a technically legal activity to hide their criminal activities from law enforcement. For example, the number racket involves simple illegal lottery and gambling, while the prostitution racket is the organized practice of coordinating and participating in sexual activities in exchange for money.
Organised Crime
In the financial world, racketeering involves acquiring, operating, or using a business for illegal activities. With the rise of organised crime in the form of the Mafia, racketeering began to refer to any part of the illegal activities being conducted by the Mafia or any other organised crime organisation or group. The term is most often associated with the activities of organised crime groups such as the Mafia, but in recent years it has been applied to any type of illegal act or scheme.
Illegal scheme
Racketeering is a charge often associated with organised crime, but it can be applied to any coordinated illegal scheme or criminal enterprise aimed at achieving a common goal. Racketeering, a term commonly associated with organised crime, refers to illegal activities carried out by companies owned or controlled by those who engage in such illegal activities. Racketeering, a term derived from "racket" work, is an organised criminal activity carried out through some form of activity aimed at making money illegally. Racketeering is any illegal activity that is repeatedly carried out for profit, often through the threat or use of violence.
Obtaining business
Racketeering may include obtaining business through illegal activities, operating a business with illegally obtained income, or using a business to conduct illegal business. Key Points Racketeering is acquiring a business through illegal activities, operating a business with illegal income, or using a business to commit illegal activities. Racketeering is a type of organised crime in which criminals use a coercive, fraudulent, extortionate, or otherwise illegal scheme or operation (the "racketeer") to make repeated or permanent profits. Racketeering is usually the domain of organised crime, not individuals, and includes activities such as drug trafficking, loan sharking, and contract killing.
Organised groups
Extortion charges have also been used to prosecute individuals or organised groups involved in the increasingly common crimes of credit card fraud and identity theft. Federal law enforcement agencies use RICO to prosecute individuals who have committed multiple crimes out of state over a decade to advance criminal enterprises. Prosecutors can bring charges against anyone through RICO if they commit at least two racketeering attempts, one after RICO became law and the last within 10 years of the last racketeering. In order to convict a defendant under RICO, the government must prove that the defendant participated in two or more racketeering cases and that the defendant directly invested in, maintained an interest in, or participated in a criminal enterprise affecting interstate or foreign commerce.
Federal offenses
Racketeering includes specifically listed federal offenses and some state offenses that "generally" define the type of conduct prohibited by RICO. In the United States, anyone accused of racketeering is subject to severe criminal penalties and may also face civil liability under the Racket Influenced and Corrupt Organization (RICO) law. Racketeering is used in the Racketeer Influenced and Corrupt Organizations Act, known as RICO, to describe 35 crimes, including kidnapping, murder, bribery, arson, and extortion. Federal crimes related to racketeering include bribery, gambling, money laundering, obstruction of justice or criminal investigation, contract killing, and child sexual exploitation.
Other examples
Other examples of modern racketeering are human trafficking, corruption, online fraud, identity theft, illegal gambling, money laundering, and more. The protection racket forced companies to pay money to the mafia for "protection", which, according to most criminal laws, is tantamount to extortion. Racketeer defense involved racketeering participants who committed crimes, for example, against small businesses. There is a special type of criminal conspiracy for persons conspiring to commit RICO or racketeering.
Tempting
Because the following murder offenses are described as "involving acts or threats", charges of attempting, conspiring and abetting any of these offenses can be brought. Federal offenses described as "prosecutable acts" but other offenses include criminal labor law violations and misappropriation of union funds (section 29 violations) and immigration fraud (section 8 violations). It is also illegal to participate, even indirectly, in certain crimes committed by the company, or to participate in one of the aforementioned activities. A legitimate company can be found guilty of extortion if it uses illegal tactics to achieve success, or if the company is essentially just a front for illegal underhanded activities.
State law
The Justice Department explained that racketeering, including kidnapping, robbery and drug trafficking, is "punishable under state law and punishable by imprisonment for more than a year." While racketeering was originally associated with organized crime, the definition has expanded over the years as organized crime lost its priority to the Justice Department. The definition of the term "extortion" has expanded over time and can now be used less strictly to refer to any ongoing or recurring illegal organized criminal activity, including those that do not necessarily involve fraud, coercion or extortion Activity. In 2019, attorney G. Robert Blakey, a federal professor of criminal law at the University of Notre Dame, told CNN that racketeering does not refer to a specific crime, but "a way of thinking about and prosecuting crimes of all kinds."