RICO Association is a Key Element of a Federal Racketeering Conspiracy
What Does it Mean to Be Associated with a RICO Enterprise?
“Friendship is everything. Friendship is more than talent. It is more than the government. It is almost the equal of family.”
Federal RICO Enterprise Association
In order to prove somebody guilty of a Federal Racketeering charge, the Government must show that the defendant was associated with the enterprise. To associate means to join the enterprise as a partner, fellow worker, colleague, friend, companion, or ally. A person associates with a RICO enterprise by joining with other members to aid in the activities of the enterprise. The defendant must be aware of the general nature of the enterprise and that the enterprise extends beyond the defendant’s role.
Association in a RICO Enterprise Encompasses Much Conduct
Being associated with a federal criminal RICO enterprise is not a difficult element for the United States Attorney to prove. For example, a defendant does not need to have any formal position in the enterprise, participated in the all of the activities of the enterprise, or even know the extent of the activities of the enterprise. Applying this to real life examples, you can be charged with being an associate of a street gang in Detroit, even if all you did was sell drugs with members of the enterprise in another state!
There are Defenses to the RICO Association Element in a Federal Racketeering Charge
Guilt by association really rings true with this racketeering element. However, there are many ways to challenge one’s association with an enterprise. For instance, you can argue that there were more than one enterprise at work. Or, you could argue that the Government did not prove you had any knowledge of the enterprise, as membership alone is insufficient for a RICO conviction. Thus, to give you your best chance of winning, call an experienced criminal law firm concentrating in federal racketeering defense.