How a Statute Associated with Organized Crime is Central to Allegations Against Trump

The investigation into former President Donald Trump by Fulton County District Attorney Fani Willis began after a leaked recording of a January 2021 phone conversation between Trump and Georgia’s secretary of state, Brad Raffensperger. In this call, Trump suggested that Raffensperger could assist in uncovering the votes necessary to overturn his narrow loss to Democrat Joe Biden.

However, the indictment filed over two years later by a grand jury went beyond the scope of the phone call. It implicated Trump and 18 associates in a complex network of alleged crimes. Utilizing Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) law, Willis charged them with participating in a broad conspiracy to invalidate the state’s 2020 election results.

Willis, in a late Monday statement to reporters, revealed her intention to try all 19 defendants together. She highlighted her office’s experience with racketeering cases and noted that this marked the 11th RICO case they had pursued. Willis assumed the role of district attorney in 2021.

The Federal Racketeer Influenced and Corrupt Organizations Act, established in 1970 to combat organized crime, served as the foundation for RICO laws. It empowered prosecutors to target not only lower-level operatives but also individuals in authoritative positions within criminal organizations.

However, the application of RICO wasn’t limited solely to organized crime. The U.S. Supreme Court emphasized in a 1989 ruling that the law’s scope extended broadly to encompass various criminal activities carried out in diverse forms.

In the years following the enactment of the federal law, states introduced their own RICO statutes. These statutes generally enable prosecutors to charge multiple individuals involved in separate criminal acts, all contributing to a shared objective.

Georgia’s RICO Act, implemented in 1980, criminalizes engaging in, acquiring control of, or conspiring to control an “enterprise” through a pattern of racketeering activity. Importantly, the alleged scheme doesn’t need to have succeeded for a RICO charge to be applicable.

An “enterprise” can denote an individual or a group of related individuals striving for a common goal. “Racketeering activity” involves committing or attempting to commit certain state crimes listed in the law. To establish a “pattern of racketeering activity,” prosecutors must demonstrate engagement in at least two related criminal acts, showcasing a person’s involvement in an enterprise to secure a conviction under RICO.

While the U.S. Supreme Court demands federal RICO allegations to display continuity over an extended period, Georgia’s Supreme Court has clarified that no such continuity is required in state law.

The adoption of the RICO statute in Georgia allows prosecutors, like Willis, to present a comprehensive account of alleged criminal activity through a narrative introduction. This method facilitates the inclusion of intricate details pertinent to the broader alleged scheme, even if they don’t directly correlate with specific crimes.

Charges under RICO also come with substantial potential sentences, supplementing penalties for underlying offenses. In Georgia, conviction leads to a prison term of five to 20 years, a fine of $25,000 or three times the gained money from criminal activity (whichever is greater), or both fine and imprisonment.

Employing the RICO statute, however, presents challenges. Explaining the intricacies of RICO to a jury can be daunting, as it’s not as familiar as conventional criminal charges like murder, rape, or theft.

Willis has a history of handling RICO cases. As an assistant district attorney, she played a pivotal role in prosecuting Atlanta public school educators involved in a cheating scandal. Following her appointment as district attorney, she pursued several RICO indictments against alleged gang members, including prominent rap artists. To assist with potential racketeering cases, she enlisted nationally recognized RICO expert John Floyd, who previously aided her in the school cheating case investigation.

Frequently Asked Questions (FAQs) about RICO indictment

More about RICO indictment

• Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) law
• Fulton County District Attorney Fani Willis
• Details of the leaked phone call involving Trump
• Background on RICO laws
• Explanation of the RICO statute
• Georgia’s RICO Act
• Challenges of using the RICO statute
• Fani Willis’ prior RICO cases
• John Floyd, RICO expert