04 - The RICO Act.

The RICO Act.  When the Racketeer Influenced and Corrupt Organizations Act (RICO Act) became federal law in 1970, it became a highly effective tool in prosecuting mobsters. It provides for extended criminal penalties for acts performed as part of an ongoing criminal organization. Violation of the act is punishable by up to 20 years in prison per count, up to $25,000 in fines, and the violator must forfeit all properties attained while violating the RICO Act. The RICO Act has proven to be a very powerful weapon because it attacks the entire corrupt entity instead of individuals who can easily be replaced with other organized crime members. Between 1981 and 1992, 23 bosses from around the country were convicted under the law while between 1981 and 1988, 13 underbosses and 43 captains were convicted. Over 1,000 crime family figures were convicted by 1990. While this significantly crippled many Mafia families around the country, the most powerful families continued to dominate crime in their territories, even if the new laws put more mobsters in jail and made it harder to operate. A high-profile RICO case sentenced John Gotti and Frank Locascio to life in prison in 1992, with the help of informant Sammy Gravano in exchange for immunity from prosecution for his crimes.  Aside from avoiding long prison stretches, the FBI could put mobsters in the United States Federal Witness Protection Program, changing their identities and supporting them financially for life. This led to dozens of mobsters testifying and providing information during the 1990s, which led to the imprisonment of hundreds of other members. As a result, the Mafia has seen a major decline in its power and influence in organized crime since the 1990s.  On January 9, 2003, Bonanno crime family boss Joseph Massino was arrested and indicted, alongside Salvatore Vitale, Frank Lino and capo Daniel Mongelli, in a comprehensive racketeering indictment. The charges against Massino himself included ordering the 1981 murder of Dominick "Sonny Black" Napolitano. Massino's trial began on May 24, 2004, with judge Nicholas Garaufis presiding and Greg D. Andres and Robert Henoch heading the prosecution. He now faced 11 RICO counts for seven murders (due to the prospect of prosecutors seeking the death penalty for the Sciascia murder, that case was severed to be tried separately), arson, extortion, loansharking, illegal gambling, and money laundering. After deliberating for five days, the jury found Massino guilty of all 11 counts on July 30, 2004. His sentencing was initially scheduled for October 12, and he was expected to receive a sentence of life imprisonment with no possibility of parole. The jury also approved the prosecutors' recommended $10 million forfeiture of the proceeds of his reign as Bonanno boss on the day of the verdict.  Immediately after his July 30 conviction, as court was adjourned, Massino requested a meeting with Judge Garaufis, where he made his first offer to cooperate. He did so in hopes of sparing his life; he was facing the death penalty if found guilty of Sciascia's murder, as one of John Ashcroft's final acts as Attorney General was to order federal prosecutors to seek the death penalty for Massino. Massino thus stood to be the first Mafia boss to be executed for his crimes, and the first mob boss to face the death penalty since Lepke Buchalter was executed in 1944. Massino was the first sitting boss of a New York crime family to turn state's evidence, and the second in the history of the American Mafia to do so. (Philadelphia crime family boss Ralph Natale had flipped in 1999 when facing drug charges, though Natale was mostly a "front" boss while the real boss of the Philadelphia Mafia used Natale as a diversion for authorities.)  In the 21st century, the Mafia has continued to be involved in a broad spectrum of illegal activities. These include murder, extortion, corruption of public officials, gambling, infiltration of legitimate businesses, labor racketeering, loansharking, tax fraud schemes and stock-manipulation schemes. Although the Mafia used to be nationwide, today most of its activities are confined to the Northeast and Chicago. While other criminal organizations such as the Russian Mafia, Chinese Triads, Mexican drug cartels and others have all grabbed a share of criminal activities, the Mafia continues to be the dominant criminal organization in these regions, partly due to its strict hierarchical structure. Law enforcement is concerned with the possible resurgence of the Mafia as it regroups from the turmoil of the 1990s, although FBI and local law enforcement agencies now focus more on homeland security and less on organized crime since the September 11 attacks. To avoid FBI attention and prosecution, the modern Mafia also outsources much of its work to other criminal groups, such as motorcycle gangs. Wikipedia: Creative Commons Attribution-ShareAlike 4.0 License.This episode includes AI-generated content.