RICO Penalties: What You're Facing Under Federal Law

Federal RICO convictions carry severe penalties. Understanding the sentencing exposure — and the factors that determine the actual sentence — is essential to making informed decisions about your defense.

Statutory Maximums

Under 18 U.S.C. § 1961-1968, a conviction for RICO carries: up to 20 years per racketeering count (life if predicate includes murder), plus forfeiture of all assets connected to the enterprise.

But the statutory maximum is only the ceiling. The actual sentence is determined by the Federal Sentencing Guidelines.

The Federal Sentencing Guidelines

The Guidelines calculate a recommended sentencing range based on two factors:

1. Offense Level — determined by the specific conduct, the amount of loss or gain involved, the number of victims, whether the defendant played a leadership role, and other offense-specific factors.
2. Criminal History Category — based on prior convictions. First-time offenders fall into Category I (the lowest).

The intersection of these two numbers produces a range — for example, 57-71 months, 78-97 months, etc. While the Guidelines are technically "advisory" after United States v. Booker, they remain the starting point for every federal sentence.

Enhancements That Increase Your Exposure

Reductions That Can Lower Your Sentence

• Acceptance of Responsibility — -2 or -3 levels for pleading guilty and accepting responsibility
• Substantial Assistance (5K1.1) — the government may file a motion for a below-Guidelines sentence if you provide substantial assistance in another case
• Safety Valve (5C1.2) — for certain drug offenses, allows a sentence below the mandatory minimum