Minneapolis, MN federal defense attorney Andrew Birrell explains what RICO is and why it originated. He explains that the Racketeer Influenced and Corrupt Organizations Act, commonly known as RICO, was enacted around 1970 and was drafted by Professor Blakely at Notre Dame Law School. The statute was originally intended to target organized crime, such as the mafia, by establishing the legal concept of an “enterprise”—a criminal organization—and holding individuals accountable for wrongful acts committed within the scope of that enterprise. To succeed under RICO, specific elements must be demonstrated: the existence of an enterprise and the individual’s participation in its activities.
He notes that RICO is unique in that it allows for both criminal prosecution and civil litigation, each carrying potentially severe consequences. He has represented clients in both civil and criminal RICO matters. While the statute is a powerful tool for the government and for private litigants, he emphasizes that it must be used cautiously, as RICO claims can be complex and easily contested. His advice to anyone facing a RICO case is clear: secure representation from an attorney experienced in handling these sophisticated and high-stakes matters.