RICO has been used to greatest success, to prosecute those who commit crimes as part of a group. It goes beyond conspiracy, in that it permits the joinder of members of a group who are too loosely connected with each other to be considered parties to a single conspiratorial agreement. RICO permits the prosecution to bring to trial all members of the group, to expose the full scope of the organization, to "present a complete picture of a large-scale, ongoing, organized-crime group engaged in diverse rackets and episodic explosions of violence." (Wise, 2000).

Agreement of a conspirator with other principals is not needed for successful prosecutions, Delano, 825 F. Supp. at 542. All that must be shown is: (1) that the defendant agreed to commit the substantive racketeering offense through agreeing to participate in two predicate acts; (2) the principal had knowledge of the general status of the conspiracy; and (3) that one knew the conspiracy extended beyond ones individual role. United States v. Rastelli, 870 F. 2d 822, 828 (2d Cir.), cert. denied, 493 U.S. 982, 110 S. Ct. 515, 107 L. Ed. 2d 516 (1989).

RICO has been used to greatest success, to prosecute those who commit crimes as part of a group. It goes beyond conspiracy, in that it permits the joinder of members of a group who are too loosely connected with each other to be considered parties to a single conspiratorial agreement. RICO permits the prosecution to bring to trial all members of the group, to expose the full scope of the organization, to "present a complete picture of a large-scale, ongoing, organized-crime group engaged in diverse rackets and episodic explosions of violence." (Wise, 2000).

Agreement of a conspirator with other principals is not needed for successful prosecutions, Delano, 825 F. Supp. at 542. All that must be shown is: (1) that the defendant agreed to commit the substantive racketeering offense through agreeing to participate in two predicate acts; (2) the principal had knowledge of the general status of the conspiracy; and (3) that one knew the conspiracy extended beyond ones individual role. United States v. Rastelli, 870 F. 2d 822, 828 (2d Cir.), cert. denied, 493 U.S. 982, 110 S. Ct. 515, 107 L. Ed. 2d 516 (1989).

Conclusion

        According to Carlson, K & Finn, P.1993:

In 1990, 3,248 defendants in cases terminated in United States District Courts were charged with either racketeering or one or more of the offenses underlying the racketeering statute.  Thirty-one percent of these defendants, 996 were specifically charged with a racketeering violation. Over a 3-year period ending June 30, 1990, racketeering convictions were based principally on charges of interstate travel in aid of racketeering (28%) or RICO (27%).  The predicate offenses on which racketeering convictions were based were primarily gambling offenses (21%), drug offenses (23%), and threats and extortion (22%).

            The average monetary loss in such cases involving racketeering was 1.9 million dollars. Prosecutions on racketeering charges were more likely in the eastern United States than in the west. A quarter (27%) of defendants in racketeering cases terminated in 1990 were prosecuted in five judicial districts (Northern Illinois, Southern Florida, Southern and Eastern New York, and South Carolina) (Carlson, K. & Finn, P. 1993).

            Criminal and civil complaints are growing increasingly novel. The range in subject matter can be from abortion protests, divorce settlements, securities, towards abuse by clergy. The code does not specify in the abstract more than the generic term felony. The Courts have been used extensively in the law of case to narrow the various types of pleadings that can be heard under the RICO statutes. Many of the cases are recent opinions. In addition to official government sources, the Rico Law Reporter is a very professional publisher of legal consultation that endeavors to cover all RICO filings and dispositions.