Key Elements of RICO and Penal Code 186 PC Charges
Understanding the key elements of RICO (Racketeer Influenced and Corrupt Organizations Act) and California Penal Code 186 PC is crucial for anyone facing charges related to organized crime. Both laws are designed to dismantle criminal enterprises’ networks by targeting their economic foundations and ongoing criminal activities.
RICO: A Federal Focus on Organized Crime
RICO is a federal statute that addresses organized crime in a broad scope across the United States. It targets “racketeering activities,” which include a wide range of crimes such as extortion, fraud, murder, and more. To prosecute under RICO, it’s necessary to prove that these crimes are part of a “pattern of racketeering activity.” This means showing that the criminal acts are neither isolated nor sporadic but are continuous and related, pointing to the operation of an organized crime group.
Penal Code 186 PC: Targeting Criminal Profiteering in California
Similar to RICO, California’s Penal Code 186 PC focuses on criminal profiteering within the state. This law encompasses money laundering, embezzlement, drug trafficking, and other serious felonies. To secure a conviction under this statute, it’s essential to demonstrate the continuity and relationship between the criminal acts, confirming they are part of an ongoing criminal enterprise.
Key Elements to Establish in Charges Under RICO and Penal Code 186 PC:
- Criminal enterprise involvement: Evidence must show the existence of an organized group engaged in continuous criminal conduct.
- A pattern of racketeering or criminal profiteering behavior: For RICO, this involves various crimes like murder, kidnapping, or fraud; for PC 186, it includes activities such as grand theft or human trafficking.
- Continuity of criminal activity: It’s crucial to prove that the crimes are linked and not isolated incidents, indicating a structured and persistent criminal operation.
Both RICO and Penal Code 186 PC use conspiracy charges, which allow prosecutors to target members of criminal organizations even with minimal direct evidence of an individual’s involvement in every specific criminal act.
RICO vs Penal Code 186 PC: The Differences
The criteria between RICO and Penal Code 186 PC are not identical. While both require proving a pattern of criminal activity, the specific types of crimes involved and the proof required can differ significantly, such as:
| Crime Category | RICO Offenses | Penal Code 186 PC Offenses |
| Homicide and Kidnap | Murder, Kidnapping | Grand Theft, Forgery |
| Organized Activity | Gambling, Drug Trafficking | Gambling, Drug Trafficking |
| Other Crimes | Arson | Pimping and Pandering |
The broad reach of these laws targeting organized crime can sometimes ensnare individuals who are innocent of the charges against them. It can inadvertently implicate those who may have only peripheral or unintended connections to the actual crimes. For example, an innocent person could be linked to a criminal organization simply through routine business or personal associations, without any knowledge of the criminal activities being conducted.
