Understanding 'Common Purpose' Under RICO Law: Cases and Examples

RICO, or the Racketeering Influenced and Corrupt Organizations statute, is a comprehensive and influential legal tool in the United States aimed at curbing organized crime. A key element of a RICO case is the determination of 'common purpose,' which often hinges on the specific examples of conduct and behavior that align with the prosecution's claims. This article delves into the legal standards surrounding 'common purpose' and explores significant case law, including a landmark Supreme Court decision that continues to shape the interpretation of the RICO statute.

Defining 'Common Purpose' in RICO Cases

The major case that clarified the concept of 'enterprise' under the RICO statutes is United States v. Turkette. In 1981, the U.S. Supreme Court ruled that an 'enterprise' can encompass both legitimate and illegitimate business operations, and does not require the enterprise to be structured for legitimate purposes. This ruling is crucial because it broadens the scope of who can be prosecuted under RICO, making it a more effective tool against organized criminal activity.

According to United States v. Turkette, a common purpose under RICO must meet specific criteria. It requires that there be an organization, and more importantly, that the organization's policy be in place, rather than merely the actions of a single individual. This interpretation aligns with the legislative intent of the RICO law, which aims to target large-scale criminal organizations rather than isolated, single-act offenders.

Notable Cases Involving 'Common Purpose'

Several notable cases have helped define and illustrate the concept of 'common purpose' under RICO. Here are a few examples:

Key West Police Department (1984) - This case established that the Key West Police Department was a criminal organization under RICO for running a protection racket for cocaine smugglers. This unusual case highlights how law enforcement can sometimes be complicit in criminal activities. National Organization for Women v. Scheidler (1999) - In this case, the Court determined that a political organization, PLAN Pro-Life Action Network, could be found in violation of RICO without economic motives. This suggests that political activities can also fall under RICO if they are part of a larger criminal scheme. 2006 Gambino Crime Family Trials - The Gambino crime family faced multiple RICO charges, resulting in four life sentences. This case exemplifies how 'common purpose' can be established through a series of criminal activities by multiple individuals.

Common Examples of 'Common Purpose' in RICO Cases

The criteria for establishing 'common purpose' are broad and can encompass a wide range of criminal activities. Some common examples include:

Physical Obstruction of Business Activities - This can include actions such as vandalizing property or blocking access to legitimate businesses. Racketeering - This encompasses a variety of illegal activities, often involving money laundering or fraud. Murder and Kidnapping - These violent crimes are often aimed at removing competition or maintaining control over a territory. Robbery and Arson - These are typically used to directly gain economic advantage or destroy property. Extortion and Tampering With Witnesses - These tactics are used to gain leverage over people or to prevent testifying against the organization. Credit Card Fraud and Intrastate/Interstate Travel in Aid of Racketeering Activity - These crimes can be used to transfer funds or move members across state lines to evade law enforcement. Interference with Commerce by Threats and Violence - This can include any actions that interfere with lawful commerce, such as sabotage or threats. Interstate Transportation of Stolen Property and Theft from Interstate Shipments - These crimes are committed to illicit gain and often involve moving goods across state lines.

In general, ‘common purpose’ under RICO law requires any criminal activity that is committed by two or more individuals together. This focus on collective action makes RICO an effective tool in dismantling large organized criminal entities.