Since RICO Laws were passed in America, they have resulted in some high-profile arrests – and may lead to the prosecution of Donald Trump.
In the final instalment of a three-part series, The Takedown, US Attorney and recognised authority on RICO Law Jeffery E Grell told The Pat Kenny Show that RICO Laws had been introduced "for the exclusive purpose" of combating organised crime in the United States.
This targeted crime bosses who did not necessarily carry out crimes like murders, robberies and assaults themselves.
"They didn't know a particular crime was going to be committed at a particular place or time," he said.
"Under traditional conspiracy laws, you had to have some evidence that the perpetrator had specific intent to commit a particular crime.
"RICO imposes liability on a person for simply operating and managing a criminal organisation with the intent to operate and manage a criminal organisation."
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In order to prove mob bosses had criminal intent, Mr Grell said RICO proved that "the mob boss needed to intentionally operate and manage a group of people that were engaged in criminal activity racketeering activities."
"The intent wasn't related to a particular crime it was related to being the leader of a group of people that were engaged in crime," he said.
Mr Grell said prior to the 1970s, the United States Government were reluctant to introduce a federal statute that would have regulated organised crime.
"I'm sure there were elements that were lobbying congressmen and senators even back then, elements that benefited from organised criminal activity and were probably donating to campaigns and taking political pressure off those groups," he said.
Trump
Mr Grell said since Donald Trump has been indicted on charges related to January 6th, officials have been anticipating a further RICO charge will be issued in Atlanta.
"[The District Attorney] has used RICO in a lot of different ways and she's not afraid to use it," he said.
"Everyone is anticipating that she will probably use it against Donald Trump, but we don't know yet because the indictment hasn't been announced.
"If you read the newspapers, they're setting up barricades down in Atlanta, they're preparing for the announcement of something."
Atlanta, Georgia, USA. Large police presence and barricades in anticipation of potential protests if indictments regarding former President Donald Trump. 07.08.23 (Credit Image: © Robin Rayne/ZUMA Press Wire)Mr Grell said the RICO charges in Atlanta are linked to Mr Trump's alleged election interference.
"Activities like intimidating the poll workers and using the media to circulate false statements about the election – that was a larger organisation, according to what is known at this time through the mainstream media," she said.
"That would be a circumstance more likely to involve RICO charges to the extent Donald Trump was engaged in those broader efforts to interfere with the outcome of the election in Georgia."
Prosecutions
Mr Grell said the most significant conviction made under RICO was John Gotti – the Gambino family boss.
"That was the late 80s early 90s, so that time period, it was even 20 years after Rico had been passed," he said.
"Since then, we've had some notorious criminal prosecutions – just recently R. Kelly, who's not a mob boss, but a rapper – he was convicted under RICO.
"We have Young Thug ... he's another rapper here in the United States that's been indicted and is facing trial under RICO."
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