RICO Act: Gangsters and criminals have been charged with it, now Donald Trump

Former President Donald Trump has been charged with the RICO Act in the indictment hearing on Monday (14th August 2023), in Atlanta, Georgia, United States. The Racketeer Influenced and Corrupt Organizations Act, popularly called as the RICO act, has been used on criminals and gangsters in the past. Originally enacted in 1970 to handle organized crime violence back then, it was enacted in 1980, in Georgia State where Donald Trump has been indicted. The law provides a way to prosecute individuals and groups engaging in a pattern of racketeering activity through a criminal enterprise. Under the RICO Act, a "pattern of racketeering activity" refers to at least two instances of specified criminal activities known as "predicate acts." These predicate acts can include various crimes such as extortion, bribery, money laundering, illegal gambling, drug trafficking, and more. The law allows for both criminal and civil penalties, including imprisonment, fines, asset forfeiture, and treble damages for those affected by racketeering activities.

Under Georgia law, unlawful conduct can include any behavior “through a pattern of racketeering activity” that an accused uses to acquire or maintain “interest in or control of any enterprise, real property, or personal property of any nature, including money.”

The law further explains that an ‘enterprise’ or a criminal organization, may not even exist in reality. It merely requires a group of individuals working together towards a common criminal goal. 

For example, if the gang shown in the movie Money Heist would commit the crime in Georgia, they would be charged with the RICO act. They were not a formal criminal organization, but as the act does not allow a criminal organization to exist, the Money Heist team would still be charged under this act. 

In the past too, this act has been used against notorious gangs of criminals, including, John Gotti, Vincent “Chin” Gigante, Salvatore "Sammy the Bull" Gravano and several others.