Donald Trump may not be a mob boss. But how and why did Georgia prosecutors charge him and his associates with committing a crime very much connected with, well, organized crime?
We’re referring, of course, to Trump et al being accused of violating the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act. It’s the first count in the 41-count indictment tied to the former president’s efforts to overturn the 2020 election results. And it’s the one that has arguably been generating the most buzz, especially because of its association with the world of gangsters.
To help us better understand what a RICO charge means and how it applies to this particular case, we read up on all things RICO and spoke with Michelle Suskauer, a veteran Florida-based criminal-defense attorney with Dimond, Kaplan & Rothstein and former president of the Florida Bar. Here are some of the key things we learned.
When did RICO go into effect? And why was it created in the first place?
Originally, the RICO law was established at the federal level in 1970. And, yes, it was very much created as a tool to combat organized crime — or as the Justia website says, it’s “the ‘ultimate hit man’ in mob prosecutions.” The key idea behind RICO is that it’s about charging an individual or individuals in operating a criminal enterprise — meaning more than one underlying crime (or “predicate act” in legal terms) is being committed, and the crimes are tied together into something much larger. A racket, in other words.
But Trump and others weren’t charged with a federal RICO violation, so what’s going on?
RICO doesn’t just exist at the federal level. States, including Georgia, now have their own RICO laws. And as Suskauer notes, the state laws can be much broader, meaning a greater variety of underlying crimes can be considered part of a RICO violation.
So, RICO charges aren’t limited to those in the mob?
No. Despite RICO’s mob-related roots, it is no longer simply about going after gangsters. As Suskauer says: “RICO laws were initially put together to prosecute organized crime. But they have been utilized by prosecutors all over the country for much more than that.”
The Justia site puts it thusly: The group charged under a criminal RICO violation “might be a crime family, a street gang or a drug cartel. But it may also be a corporation, a political party, or a managed care company. The enterprise just has to be a discrete entity.”
Why not just charge individuals with particular crimes? What are the reasons prosecutors go for a RICO charge?
In a nutshell, RICO charges can carry some of the stiffest penalties. And “prosecutors will charge the most serious crime they believe they can prove in court,” Suskauer says. In Georgia, a RICO violation carries a minimum five-year prison sentence, but the penalty can go as high as 20 years.
If Trump and his associates get convicted under RICO, does that mean the other charges won’t apply?
Absolutely not. There are 41 counts in the indictment, after all, ranging from “conspiracy to commit impersonating a public officer” to “false statements and writings.” Keep in mind, however, that different individuals in the indictment were charged with different things (Trump himself is charged with 13 counts).
It’s conceivable that anyone being indicted here can get convicted under multiple counts, including the RICO one. It’s also conceivable that someone may not be convicted under RICO, but face other convictions. Of course, it’s also possible that anyone, including Trump, may not be convicted at all. Ultimately, the prosecutors have to prove their case with each count, Suskauer says.
Are there risks for prosecutors to go the RICO route, especially in this instance?
Suskauer says it shouldn’t come as a surprise that Georgia prosecutors chose to build a RICO case since it indeed carries a stiff penalty. But in doing so, especially in a case with 19 defendants — Trump plus 18 others — it makes things “incredibly complex,” she says.
“If prosecutors want a fast trial, it ain’t happening with this,” she says.
Plus, Suskauer says a jury might see the RICO charge as overstepping and, in turn, that will weaken the overall case.
“Would a jury be turned off because they think prosecutors are piling on? That’s always a risk,” Suskauer says.
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