Evidence of Interstate Commerce is Required in any Federal RICO Charge
RICO Interstate Commerce
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Interstate Commerce and Racketeering
The final element in a federal racketeering case is that the activities of the enterprise affected interstate commerce. Interstate commerce can be a lot of different things, but generally, the movement of money, goods, or services from one state to another satisfies this requirement. This is the easiest element for the Government to prove in a criminal RICO trial. For example, if a street gang was caught using guns, if those guns were manufactured in another state, then this element would be met.
Interstate Commerce Can Be an Important Defense Tactic in a Federal Racketeering Case
Although the interstate commerce element is often overlooked as a defense to a RICO charge, we understand that there are times that it could be quite important in mounting a defense. Thus it is wise to consult with a federal RICO lawyer to see if the alleged illegal actually were involved in interstate commerce.