People who engage in criminal activity commonly associated with gangs or organized crime may face prosecution under criminal conspiracy and RICO charges. But how do racketeering and conspiracy differ from one another?
RICO vs. Conspiracy: What’s the Difference?
Although people frequently face criminal conspiracy and RICO charges together, both offenses cover different kinds of criminal conduct.
RICO Charges
“RICO” stands for Racketeering-Influenced and Corrupt Organizations. State and federal RICO acts outlaw participation in criminal enterprises. A criminal enterprise can include any group of people or organizations who collaborate or conspire to further their interests or generate illicit profits. This may involve partnerships, corporations, trusts, business associations, and other groups. A person engages in “racketeering” when they engage in various unlawful activities as part of an illegal business.
Conspiracy Charges
A charge of criminal conspiracy alleges that two or more people agreed to work together to commit a crime. A person may face conspiracy charges even if the alleged conspirators never carried out the planned crime. Merely forming a plan with others to engage in specific serious criminal activity can constitute a crime. However, a conspiracy charge requires the government to prove that each member of the conspiracy agreed to commit or help someone commit the criminal activity.
Crimes the RICO Act Covers
Racketeering activity can include various specific crimes, such as:
- Murder
- Robbery
- Terrorism
- Arson
- Burglary
- Theft
- Counterfeiting
- Forgery
- Money laundering
- Illegal gambling
- Prostitution
- Criminal usury
- Drug distribution
- Illegal weapons trafficking
- Unlawful use of weapons or destructive devices
- Bribery
- Mail or wire fraud
- Insurance fraud
- Embezzlement
- Extortion
- Kidnapping
- Human trafficking
- Terroristic threats
However, RICO charges require a pattern of racketeering activity. This means the accused must have committed at least two racketeering acts. The first must have been after the RICO Act came into effect and the last within 10 years after a prior act.
Actions That May Lead to Conspiracy Charges
Two or more individuals may engage in actions resulting in conspiracy charges under state or federal law. The elements of a conspiracy charge include:
- The co-conspirators must agree that one or more of them will commit a particular crime.
- The accused must have agreed to commit or help the co-conspirators commit the crime.
- Someone involved in the conspiracy usually must undertake some act that constitutes a substantial step towards committing the agreed-upon crime, demonstrating the conspirators’ intent to commit the crime.
Depending on the nature of the planned crime, acts that may be considered a substantial step include gathering funding to commit the crime, obtaining tools or equipment, or staking out the location of the planned crime. However, some serious offenses, such as first- or second-degree crimes, don’t require this element.
Penalties for a RICO Conviction
Under New Jersey law, a defendant may face a first-degree RICO charge if they engage in a pattern of racketeering activity that involves a crime of violence, a first-degree crime, or the use of firearms. All other RICO offenses constitute second-degree crimes. A conviction for first-degree RICO imposes a penalty of 10 to 20 years in prison and a potential fine of up to $200,000. A second-degree RICO conviction imposes a penalty of 5 to 10 years in prison and a potential fine of up to $150,000.
In addition to prison time and fines, a person convicted under the New Jersey RICO Act must forfeit any money, items of value, or any control or influence of an enterprise acquired through their racketeering activity. The New Jersey Attorney General can seize such property or interests, subject to the rights of innocent claimants or lienholders.
A conviction under the federal RICO Act imposes penalties that may include fines and a prison term of up to 20 years. However, a sentence for a RICO conviction can increase to life if an act of racketeering involves a criminal offense with a maximum sentence of life imprisonment. The federal RICO statute also mandates that convicted defendants forfeit any property interest acquired or maintained through racketeering activity.
Penalties for Conspiracy
In New Jersey, the grading of a conspiracy charge will depend on the crime that the conspirators planned to commit. Penalties for a conspiracy conviction include:
- Fourth-degree crime – Up to 18 months in prison and a potential fine of up to $10,000
- Third-degree crime – 3 to 5 years in prison and a potential fine of up to $15,000
- Second-degree crime – 5 to 10 years in prison and a potential fine of up to $150,000
- First-degree crime – 10 to 20 years in prison and a potential fine of up to $200,000
Similarly, a conviction for criminal conspiracy under federal law can impose penalties based on the potential sentences for the crime that the conspirators planned to commit or committed. Depending on the underlying crime, a federal conspiracy conviction can lead to a sentence as long as life imprisonment.
Defenses Against RICO and Conspiracy Charges
People charged with RICO violations or criminal conspiracy may pursue various defense strategies to fight their charges, such as:
- Absence of a pattern – Defendants charged with RICO violations may assert that the alleged acts of racketeering were isolated incidents – not a pattern of racketeering activity necessary to prove guilt under the RICO statutes.
- No involvement in a criminal enterprise – A defendant may fight conspiracy or racketeering charges by arguing that they acted alone rather than with a conspiracy or criminal enterprise.
- Lack of agreement – Defendants facing conspiracy charges may argue that the evidence fails to prove they agreed on the particular crime to commit.
- Lack of intent – In some conspiracy cases, defendants may argue that they did not intend to commit a crime by highlighting the lack of an overt act by an alleged co-conspirator toward furthering the commission of the crime.
- Withdrawal – A defendant might escape criminal liability by showing that they had withdrawn from the conspiracy or criminal enterprise before any overt act or racketeering activity occurred.
- Unlawfully obtained evidence – Defendants may also fight their charges by seeking to exclude evidence from the prosecution’s case that law enforcement investigators obtained by violating a defendant’s rights. Violations may include conducting a search without probable cause or interrogating a defendant without first advising them of their rights.
Contact Our Experienced New Jersey Criminal Defense Attorneys for Help
If you’re facing conspiracy or RICO and racketeering charges in New Jersey, get the legal help you need to defend your rights, reputation, and freedom. Contact the Law Offices of Jonathan F. Marshall today for a free, confidential consultation with a criminal defense attorney. Past clients say we exhibit “professionalism, empathy, diligence, concern, responsiveness, and a strong work ethic.” With over 200 years of combined legal experience, we are ready to discuss how our firm can help you seek a favorable resolution of your charges.
