![]() If one of the individuals robbed a bank 10 years ago, got away with it, and then forged checks as part of the group’s scheme, the bank robbery likely wouldn’t be considered a predicate act because it was an isolated incident by a single individual and had no connection to the group’s plan and goal. While these are different crimes requiring separate elements of proof, they are interrelated for RICO purposes because they were all done to achieve a single goal: gaining money. One steals debit cards and withdraws money from ATMs, another forges checks, and another robs supermarkets. ![]() For example, a group of individuals decide they need money fast by whatever means necessary and agree to split the profits. Proving at least two acts is all that’s required.Ī “pattern of racketeering activity” means engaging in at least two incidents of racketeering activity to accomplish at least one scheme or plan that have the same or similar intents, results, accomplices, victims, or methods of committing crime(s) or are otherwise connected by distinguishing characteristics and are not isolated incidents. Furthermore, the state does not have to prove every single predicate act beyond a reasonable doubt. ![]() So long as they are listed in the indictment and proved to be a predict act, which is one of the elements to prove the RICO charge itself, that is sufficient. The offenses do not have to be charged separately in the indictment. The state is required to prove at least two of these offenses beyond a reasonable doubt. Examples of included offenses, often referred to as “predicate acts” or “predicate offenses,” are homicide, theft, fraud, perjury, commercial bribery, drug distribution, drug trafficking and dozens more. “Racketeering activity” means to commit, attempt, or solicit another person to commit a specific crime listed in the statute, which includes over 40 different types of offenses. An enterprise can be legitimate or illegal and can also include governmental entities. An “enterprise” is defined as a person or business recognized under state law or some other legal entity (such as a partnership, corporation, union, etc.) or a group or association which is not a legally recognized entity but associate and identify as a group with a common purpose or goal. § 16-14-3 defines and explains what these terms mean. the defendant was employed by or associated with an enterprise through a pattern of racketeering.one or more of the acts that form the pattern resulted in the defendant acquiring or maintaining control of any enterprise, real property, or personal property (including money), or.that the predicate acts were committed as part of an enterprise engaging in a pattern of racketeering activity and.the defendant committed two of more predicate crimes (which are listed in C.G.A.The state must also prove separate underlying offenses beyond a reasonable doubt in addition to proving RICO. ![]() To prove the crime of RICO, there are very specific elements with their own specific definitions. ![]()
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