What are RICO charges? And how do they apply to the Sean "Diddy" Combs trial?

The jury in the Sean “Diddy” Combs trial is working to reach a verdict about the RICO charges against Combs.

But what exactly is RICO, and how does it work?

What is RICO?

The Racketeer Influenced and Corrupt Organizations Act, better known as RICO, was passed in 1970 to help the U.S. government combat organized crime.

According to Cornell Law School, racketeering refers to illegal activities conducted for commercial profit. These activities are often carried out under the guise of legitimate business operations and typically involve coordinated efforts by multiple individuals. Common racketeering tactics include fraud, extortion, bribery, threats, violence, and other criminal means.

How RICO Is Proven

To secure a conviction in a RICO case, the government must prove beyond a reasonable doubt that:

1. An enterprise existed
2. The enterprise affected interstate commerce
3. The defendant was associated with or employed by the enterprise
4. The defendant engaged in a pattern of racketeering activity
5. The defendant conducted or participated in the enterprise through that pattern of racketeering activity by committing at least two acts of racketeering outlined in the indictment

Under the RICO Act, an “enterprise” can refer to an individual, partnership, corporation, association, or other legal entity. It may also be a union or group of individuals associated in fact, even if not legally recognized, so long as it engages in or affects interstate or foreign commerce.

To establish a pattern of racketeering, at least two acts of racketeering must have been committed within the past 10 years. Covered crimes include, but are not limited to, kidnapping, robbery, money laundering, and drug trafficking.

Notable RICO Cases

Sean “Diddy” Combs

Combs is facing one count of racketeering conspiracy, two counts of sex trafficking, and two counts of transportation to engage in prostitution. While he has pleaded not guilty, the trial is ongoing. As of Tuesday, the jury had reached unanimous verdicts on all but the racketeering charge. Jurors must now decide whether Combs operated a racketeering enterprise and participated in related illegal activity.

Yung Thug

In 2022, rapper Yung Thug was indicted on RICO charges in Georgia, along with 27 others. He was accused of participating in a criminal street gang, along with facing multiple drug and weapons charges. In 2024, he pleaded guilty to one gang charge, three drug charges, and two gun charges. He also entered a no-contest plea to another gang charge and a racketeering conspiracy charge. As part of his plea deal, he will avoid prison time if he complies with all sentencing conditions.

What are the Penalties for RICO?

According to the U.S. Sentencing Commission, a RICO conviction can result in a fine, up to 20 years in prison, or both. However, if the RICO crime involved includes a more serious offense, like one that could carry a life sentence on its own, the punishment for RICO can be even more severe, up to life in prison.

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Sources:

1. CBS News, Sean "Diddy" Combs jury reaches a partial verdict in sex trafficking trial, must resume deliberating on racketeering charge
2. Office of Justice Programs (OJP), RICO (Racketeer Influenced and Corrupt Organizations Act) Statute - Implications for Organized Labor, ojp.gov
3. Cornell Law School, Racketeer Influenced and Corrupt Organizations Act (RICO)
4. U.S. Department of Justice, Organized Crime And Racketeering, justice.gov
5. U.S. Department of Justice, RICO Charges, justice.gov
6. Associated Press, Rapper Young Thug’s long-delayed racketeering trial begins soon. Here’s what to know about the case
7. Associated Press, Jury reaches verdict on 4 of 5 counts in Diddy trial but is told to keep deliberating
8. Associated Press, Rapper Young Thug is a free man. Here are things to know about his plea.
9. U.S. Sentencing Commission, RICO Guideline