Racketeering is a term often associated with organized crime, but its legal definition is more nuanced and has significant implications, especially for public officials. This article delves into the definition of racketeering, drawing from the Racketeer Influenced and Corrupt Organizations Act (RICO) at the federal level and the Connecticut Corrupt Organizations and Racketeering Activity Act (CORA) as a state example, to provide a comprehensive understanding of this complex legal concept.
Defining Racketeering Under RICO (Federal Law)
In the United States, the primary legislation addressing racketeering is RICO, a federal law designed to combat organized crime. RICO, codified in 18 USC 1961-1968, doesn’t simply target being a racketeer; instead, it prohibits specific actions related to enterprises engaged in illegal activities. These prohibited actions include:
- Using Illegally Derived Income: Acquiring, establishing, or operating an enterprise with income derived from illegal activities.
- Controlling an Enterprise Through Illegal Activity: Acquiring or maintaining an interest in or control of an enterprise through a pattern of illegal activity.
- Conducting Illegal Acts Through an Enterprise: Using an enterprise to commit illegal acts.
What constitutes “illegal activity” under RICO is crucial. The law provides a broad definition of “racketeering activity,” listing numerous state and federal crimes.
Examples of Racketeering Activities under RICO:
- Federal Crimes: Bribery, fraud (various forms), gambling offenses, money laundering, financial and economic crimes, obstruction of justice, murder-for-hire, and sexual exploitation of children.
- State Crimes: Murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene material, and drug-related offenses.
Furthermore, RICO defines a “pattern of racketeering activity” as requiring at least two acts of racketeering activity. These acts must have occurred within a ten-year period, with at least one act taking place after RICO was enacted. This “pattern” element is essential for establishing a RICO violation, distinguishing it from isolated criminal acts.
State-Level Racketeering Laws: CORA (Connecticut Example)
Many states have enacted their own versions of RICO statutes to address racketeering at the state level. The Connecticut Corrupt Organizations and Racketeering Activity Act (CORA), outlined in CGS 53-393 et seq., serves as a pertinent example. CORA is modeled after the federal RICO act and shares many similarities while tailored to state-specific concerns.
CORA criminalizes the investment of proceeds from racketeering or loan sharking into any enterprise or real property. Like RICO, CORA defines “racketeering activity” by listing specific felonies.
Examples of Racketeering Activities under CORA:
- Gambling activities
- Extortion
- Drug offenses
- Weapons offenses
- Murder
- Assault
- Prostitution
- Hazardous waste violations
- Securities violations
- Coercion
- Money laundering
- Arson
- Bribery
- Forgery
The “pattern of racketeering activity” under CORA also requires at least two incidents, but with slightly different criteria than RICO. Under CORA, these incidents must:
- Have similar purposes, results, participants, victims, or methods, or be interrelated by distinguishing characteristics.
- Not be isolated incidents.
- Include at least one incident after October 1, 1982 (the enactment date of CORA).
- Occur within five years of a prior incident of racketeering activity.
Collusion and its Connection to Racketeering
While neither RICO nor CORA explicitly defines “collusion,” the concept is relevant to understanding racketeering. Black’s Law Dictionary defines collusion as a “secret combination, conspiracy, or concert of action between two or more persons for fraudulent or deceitful purpose.”
This definition of collusion strongly aligns with the types of activities targeted by racketeering laws. Collusive behavior, especially when it involves public officials or enterprise operations, can easily fall under the umbrella of racketeering activity when it involves a pattern of illegal acts listed in RICO or CORA. For instance, bid rigging in state contracting, which involves collusion, could be prosecuted under racketeering statutes if it meets the pattern requirement and involves predicate offenses like bribery or fraud.
Racketeering and Public Officials
Both federal RICO and state CORA statutes can apply to public officials. The original article highlights that federal prosecutors have indeed used RICO in cases involving public officials. While specific cases under CORA were not readily found in the original context, the inclusion of crimes like bribery and receiving kickbacks within CORA’s definition of racketeering activity makes it applicable to corrupt actions by state officials as well.
The application of racketeering laws to public officials underscores the seriousness with which these offenses are viewed. These laws are designed to dismantle not just individual criminal acts, but also the systemic corruption that can permeate organizations, including public offices. The example of Peter Ellef, a former co-chief of staff mentioned in the original article, being indicted for RICO violations, illustrates the real-world application of these laws to public officials.
Conclusion
Racketeering is a serious offense defined by a pattern of illegal activities conducted through or in association with an enterprise. Both federal and state laws, like RICO and CORA, provide robust legal frameworks to combat racketeering, targeting a wide range of criminal behaviors. Understanding the definition of racketeering, its associated activities, and its potential application, especially to those in positions of public trust, is crucial for maintaining integrity and upholding the rule of law.
