Also known as:racket · rackets · racketeer · racketeers · RICO · racketeering activity
Written by attorneys · grounded in primary & secondary sources — see below
A pattern of illegal activity such as bribery, extortion, fraud, and murder carried out as part of an enterprise owned or controlled by those engaged in the activity. The modern sense derives from the federal RICO statute, which broadened the term to include mail fraud, securities fraud, and collection of illegal gambling debts.
Sources & Authorities
How it applies
Common Examples
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Judge Attends Racketeer Event
Rita Russell, a state judge, accepted an invitation to a private dinner hosted by a recently convicted racketeer at his estate. Several guests at the event were known associates of organized crime figures. The judicial conduct board initiated discipline proceedings against Russell even though no evidence showed she received any benefit or discussed pending cases.
Sentencing Guidelines Applied
Rina Rahman was convicted on multiple counts arising from a racketeering enterprise that laundered proceeds from illegal gambling operations. The district court imposed a sentence calculated under the federal sentencing guidelines. Rahman challenged the guidelines as an improper delegation of legislative power.
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Cases
Statutes
Uniform Acts
Model Codes
Restatements
Casebooks
Study Supplements
Dictionaries
Mistretta v. United States488 U.S. 361 (1989)
Gambling Tax Registration
Rajesh Rao operated a numbers racket as part of a larger racketeering enterprise. Federal agents charged him with failing to register and pay the occupational tax on wagering. Rao moved to dismiss, arguing that compliance would incriminate him under the Fifth Amendment.
Marchetti v. United States390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889 (1968)
Enterprise Participation Shown
Robert Rivera managed daily operations for a racketeering enterprise that committed mail fraud against investors. Prosecutors introduced evidence of Rivera's supervisory role in directing fraudulent mailings. The court of appeals affirmed his RICO conviction after reviewing the sufficiency of proof that he participated in the enterprise's affairs.
United States v. Bryan58 F.3d 933 (4th Cir. 1995)
Materiality Element Decided
Roland Rhodes submitted false statements to conceal the proceeds of a racketeering scheme involving securities fraud. At trial the judge instructed the jury that materiality was a question of law. Rhodes appealed, contending that the jury should have decided whether the statements were material.
United States v. Gaudin515 U.S. 506, 509 (1995)
Probable Cause Affidavit
Rowan Russell was named in a search warrant affidavit as a participant in a racketeering enterprise distributing controlled substances. The affidavit relied on an informant's tip and corroborating surveillance. Russell moved to suppress the evidence, claiming the affidavit failed to establish probable cause under the totality-of-the-circumstances test.
Illinois v. Gates462 U.S. 213 (1983)
Common questions
Frequently Asked
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What distinguishes traditional racketeering from the modern RICO definition?+
Traditional racketeering involved extortion of businesses through intimidation or violence. The modern definition, drawn from the federal RICO statute, covers a broader pattern of illegal activity including mail fraud, securities fraud, and collection of illegal gambling debts when carried out through an enterprise.
Supporting sources
Does attending a social event with a convicted racketeer create judicial discipline risk?+
Yes. A judge who attends a social event hosted by a recently convicted racketeer and associated with guests connected to organized crime violates the appearance-of-impropriety standard. Discipline may follow even without proof of actual bias or quid pro quo because such associations undermine public confidence in judicial integrity.
How is racketeering typically charged in white-collar cases?+
Racketeering is frequently charged under 18 U.S.C. §§ 1961–1963 when a pattern of illegal activity is conducted through an enterprise. Prosecutors often combine it with mail fraud, wire fraud, or conspiracy charges because courts have given these statutes a broad interpretation.
Supporting sources
378 U.S. 1 (1964)Criminal Procedure
…Unlike cases relied on by the Court, like Hoffman v. United States, supra , where the claimant was known to be involved in rackets in the area, which were the subject of the inquiry, and had a "broadly published police record," Malloy had no record as a felon. He had engaged once in an unlawful activity—pool selling—a…
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