Under Section 1963(a), the maximum penalty shall be not more than 20 years of imprisonment, unless an underlying predicate offense carries a penalty of life in prison. The defendant needs only to have knowingly agreed to facilitate a scheme that would, upon completion, constitute a substantive violation of RICO including at least one other conspirator who would participate in the operation or management of the enterprise.
§ 1962(c).Ī defendant could be charged with conspiracy to violate RICO even if they did not participate in the operation or management of the enterprise.
That the enterprise was engaged in, or its activities affected, interstate or foreign commerce and.To establish a criminal conspiracy violation under Section 1962(d), a federal prosecutor must prove each of the following elements beyond a reasonable doubt:
