The Meaning and History of Georgia's Racketeering Law: Exploring RICO Charge Against Trump

The Fulton County District Attorney's Office is expected to drop an indictment on Donald Trump and several of his 2020 campaign operatives, with the potential charges stemming from efforts to overturn Georgia's 2020 election result.

The Fulton County District Attorney's Office is expected to announce charges against Donald Trump and his 2020 campaign operatives related to their efforts to overturn Georgia's 2020 election results. District Attorney Fani Willis is likely to bring charges under the Racketeer Influenced and Corrupt Organizations (RICO) Act, a law originally designed to prosecute organized crime. The charges were briefly posted on the county's courts website before being removed. The indictment could include charges of racketeering, forgery, influencing witnesses, election fraud, and violating the RICO Act.

While the RICO Act is a federal law, Georgia has its own racketeering statutes that can be used to prosecute individuals involved in criminal enterprises. Melissa Redmon, a director for the University of Georgia School of Law's Prosecutorial Justice Program, explained that the state's RICO Act allows prosecutors to build a comprehensive case involving multiple people and events. It provides a broader picture of the actions taken to influence or disrupt the election in Georgia.

The RICO Act was introduced at the federal level in 1970 to target organized crime, but it does not specify a particular offense. Racketeering activity can encompass various criminal activities, including gambling, extortion, arson, robbery, bribery, theft, and fraud. In Georgia, the RICO Act can be used to charge individuals, not just groups. Unlike the federal law, which requires two acts of racketeering within a 10-year period, Georgia's RICO statute has more flexibility and is not bound by the same time constraints.

Willis has previously used the RICO Act in cases against Atlanta public school teachers accused of falsifying test results, local gangs, and rapper Young Thug. The RICO charge carries a maximum prison sentence of 20 years and can streamline witness cooperation. However, the politically charged nature of the case may present challenges for prosecutors, as Trump and his allies have criticized Willis as an overzealous prosecutor. Some experts suggest that pursuing narrower cases under traditional white-collar criminal statutes may be a better approach.

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