Active participation in criminal enterprises is sternly regarded by the federal government. Even with a minimal role in the organization, you may face charges under United States federal laws related to gang activities. Alongside the foundational crime (for instance, drug-related offenses), your association with the gang could entail extra penalties.
Understanding the Federal Laws on Gang Activities
Involvement in criminal street gangs within the United States may lead to severe repercussions under federal laws. As a member, you could confront charges for the primary offense and supplementary penalties linked to the organized gang.
Criminal organizations often operate locally but occasionally on a national scale. Various federal statutes enable the local prosecution of these activities in federal court.
As per the United States Department of Justice (DOJ), a criminal street gang comprises three or more individuals who identify as a collective to foster an environment of fear or intimidation. Their core intent is to engage in unlawful activities using force or intimidation to advance their criminal objectives.
Criminal organizations within the United States range from local city street gangs and organized crime groups to motorcycle gangs, and state and federal prison gangs, like the Mexican Mafia and the Aryan Brotherhood. If you are charged or investigated for a gang-related offense, the insights shared by our federal criminal defense attorneys on this page will provide a better understanding of what to anticipate in your case. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Definition of Gangs under Federal Law
An individual’s involvement in a criminal street gang is determined by several factors:
- The group consists of at least five individuals.
- Committing crimes is one of the group’s primary objectives.
- Group members have consistently engaged in crimes for more than five years.
- The group’s criminal activities impact interstate or foreign commerce.
- Federal violent crimes involving physical force.
- Federal drug crimes warranting a minimum sentence of five years.
Under this definition, an extensive array of groups can be identified as gangs. They mostly operate locally, but some have been known to operate on a larger scale. Examples include:
- Organized crime groups
- National street gangs
- Local street gangs (often involved in drug trafficking)
- Motorcycle gangs
- Prison gangs
- Mafia
- White supremacist organizations
- Mexican drug cartels
The RICO Act
The Racketeer Influenced and Corrupt Organizations Act, or RICO, is a law designed to penalize those involved in a pattern of racketeering, defined as illegal activities supporting a criminal enterprise. Typical “rackets” include:
- Violent crimes like murder and kidnapping
- Bribery, blackmail, and extortion
- Embezzlement
- Money laundering and counterfeiting
- Drug trafficking and manufacturing
- Gambling rings
The concept of a criminal enterprise under RICO is substantially broader than the definition of criminal street gangs. This provision enables federal prosecutors to bring RICO charges against groups that aren’t explicitly criminal, like businesses, unions, or even churches, as long as they have participated in a pattern of racketeering.
The RICO Act, primarily aimed at combating the influence of organized crime on the nation’s economy, initially targeted the Mafia and those participating in similar illicit activities. Furthermore, the RICO Act allows prosecutors to charge individuals, often gang leaders, for crimes they have commanded others to execute.
Under the RICO Act, you could face punishment if you commit or conspire to commit two or more state or federal crimes to promote the activities of a criminal street gang. If you engage in a pattern of racketeering activity by committing crimes benefiting a street gang, i.e., committing two or more acts of racketeering within a decade, you can be prosecuted under RICO.
