Introduction

The question posed in 2018 regarding the potential use of RICO (Racketeer Influenced and Corrupt Organizations Act) to implicate the Trump Organization has gained significant attention in light of recent developments. This article examines the legal and operational aspects of such a possibility, providing an in-depth analysis based on current and historical contexts.

Understanding RICO and Its Relevance

The RICO statute, enacted by Congress in 1970, is a complex federal law designed to combat organized crime. A conviction under this statute requires the government to prove five key elements: an existing enterprise, the enterprise's effect on interstate commerce, the defendant's association with or employment by the enterprise, a pattern of racketeering activity, and a clear connection between the enterprise and the pattern of activity. The expansive interpretation of these elements means that the Trump Organization, with its extensive operations and intricate financial structures, could potentially fit the criteria for RICO prosecution.

Current and Future Developments

As of the writing of this article, the Department of Justice (DOJ) is reportedly waiting for state charges to come from Georgia before pursuing federal RICO charges. This strategic approach ensures that both state and federal convictions can be secured simultaneously. Additionally, given the current political landscape, where the Republican Party controls Congress and the White House, there is an ever-present risk of further legal complications for the Trump Organization.

Chances and Procedural Obstacles

The likelihood of RICO charges is not zero, but there are considerable procedural and evidentiary hurdles. The expansive view of RICO requires substantial evidence and a clear demonstration of a pattern of racketeering activity. Historically, the legal standards for RICO can be stringent, especially when it comes to proving the existence of a criminal enterprise and the impact on interstate commerce. For example, in United States v. Phillips (1981), the court outlined the specific requirements that must be met for a RICO conviction.

While New York or other entities may have the legal authority to bring charges, the process is often more efficient through federal channels. The Trump Organization's operations are heavily intertwined with various states and international entities, making a federal RICO prosecution a logical choice given potential jurisdictional challenges.

Current Investigative Efforts and Future Outlook

Despite no official investigation, whispers of a covert investigation in New York suggest that indictments are imminent. With the upcoming election, there is a heightened sense of urgency, as political shifts could impact the legal landscape favorably for prosecutors. The Trump Organization is managing its affairs in a manner that makes it ripe for scrutiny under RICO. Whether through state or federal channels, the organization's operations appear to meet the necessary criteria.

Conclusion

The potential for RICO charges against the Trump Organization is a matter of significant interest and concern. With the current political climate and ongoing investigations, the legal landscape remains fluid. While there are procedural challenges and political considerations, the evidence suggests that the Trump Organization could be subject to RICO charges in the near future. As legal proceedings continue, it will be crucial to monitor developments to understand the full extent of these potential charges.