What Are the Criminal Penalties for RICO Violations in New Jersey? 2025

RICO in New Jersey has evolved from mob busts in the 70s to 90s to now more modern-day threats like cyber-fraud and gang violence in urban areas like Paterson, Newark, and Jersey City. Given this evolution, it’s important to ask, “What are the criminal penalties for RICO violations in New Jersey?

What Is RICO?

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a 1970 federal law that was initially created to dismantle organized crime syndicates, such as the mafia. The scope has since expanded to cover a wide range of criminal enterprises far beyond traditional mob activities. New Jersey has adopted its own version, which enhances the state’s power to prosecute complex criminal organizations.

Over a five-year period, 1,288 federal criminal RICO cases were filed across all states, with New Jersey accounting for approximately 0.3%. Most of the RICO filings recently are now gang-related cases.

At its core, RICO prohibits individuals from engaging in a “pattern of racketeering activity” connected to an “enterprise.” The law defines enterprise broadly and can include any legal entity, such as a corporation or partnership, or an illegal group, such as a crime family, as well as an informal association of individuals. Racketeering activities include (but are not limited to):

• Bribery
• Extortion
• Fraud (mail, wires, or securities)
• Money laundering
• Illegal gambling
• Kidnapping
• Murder
• Drug trafficking
• Counterfeiting

To establish a pattern of racketeering activity, prosecutors must demonstrate that at least two acts of racketeering activity have happened within a ten-year period. It is important to note that you do not need to be the leader or a high-ranking member of an organization to be charged under RICO. Anyone who participates in an enterprise’s affairs through a pattern of racketeering activity can face charges.

The Criminal Penalties for Federal RICO Violations

The potential penalties for a RICO violation in New Jersey are some of the most severe in U.S. criminal law. These penalties can include:

• Imprisonment: A conviction for a federal RICO violation carries a sentence of up to 20 years in federal prison for each count. It could become life imprisonment if additional crimes were committed, such as murder.
• Fines: Individuals can face fines of up to $250,000, or twice the gross profits or proceeds derived from the racketeering activity, whichever is greater.
• Criminal forfeiture: The government can seize any assets or property that were acquired during the activity, used to facilitate the activity, or represented an interest in the criminal enterprise. This means that homes, vehicles, bank accounts, businesses, and other valuable possessions can be forfeited to the government.
• Restitution: In addition to fines and forfeiture, those convicted can be ordered to pay restitution to victims.

The Criminal Penalties for State RICO Violations

On the state level, New Jersey can prosecute for a RICO violation under the New Jersey Racketeering Act (N.J.S.A. 2C:41-1 et seq). This law mostly mirrors its federal counterpart. State-level penalties can also be severe but differ slightly from federal penalties.

For instance, state racketeering is often graded as a first-degree crime and carries a presumption of incarceration, potentially for decades in state prison. The forfeiture provisions under state law are as robust as those under federal law.

Why You Need Experienced Legal Counsel

RICO cases are notoriously complex and involve extensive investigations, mountains of evidence, and often multiple defendants. Prosecutors, especially those at the federal level, have significant resources and a deep understanding of how to build cases like these.

If you or someone you know is under investigation or has been charged with a RICO violation in New Jersey, you need to hire a RICO violation lawyer. At Tim Anderson Law, we understand how complex federal and state criminal defenses can be, and we can:

• Carefully review the indictment and evidence to identify any weaknesses in the prosecution’s case.
• Challenge the “enterprise” and “pattern” elements that are often the most contentious aspects of a RICO case.
• Seek to reduce charges or explore plea agreements.
• Protect your assets.
• Present compelling arguments and challenge the prosecution’s evidence at trial.