FULTON COUNTY, Ga. — Charges indicting former President Donald Trump for allegedly criminally interfering in Georgia's 2020 election have set the stage for a lengthy legal fight under the state's wide-reaching racketeering statute
Trump and 18 co-conspirators face charges under a 98-page, 41-count indictment unveiled by Fulton County District Attorney Fani Willis Monday evening.
Court records show Trump faces 13 counts in Fulton County, including violating Georgia's RICO statute. The indictment's cover page shows that multiple others, including Rudy Giuliani and Mark Meadows, are also charged.
In the last two years, Atlanta rapper Young Thug was arrested on RICO charges; 11Alive's former legal analyst Page Pate answered questions about what a RICO charge is.
What is a RICO charge?
It is a crime for any person through a pattern of racketeering activity to acquire or maintain any interest in or control of any type of property or business under the Georgia RICO law, according to the law firm's website.
At the federal and state levels, the law is often used to target organized crime. In the U.S., the federal RICO Act was originally used to indict mob activity. States like Georgia have adopted their version of the law as well.
What is needed to convict someone under RICO?
The law itself only requires the state to prove that some group of people is committing a pattern of other crimes under the RICO law, according to Pate.
"That can include simple stuff like theft, or murder, or drugs, or prostitution. As long as you can show a pattern of two or more crimes committed by this group of people that are organized together, you have a potential RICO case," said Pate.
Pate's website outlines that the state must prove the following:
- The defendant committed two or more predicate crimes (listed in C.G.A. § 16-14-3);
- That the predicate acts were committed as part of an enterprise engaging in a pattern of racketeering activity; and
- That either:
- One or more of the acts that form the pattern resulted in the defendant acquiring or maintaining control of any enterprise, real property, or personal property (including money), or
- The defendant was employed by or associated with an enterprise through a pattern of racketeering.
What are the penalties for a RICO charge?
A conviction under Georgia’s RICO statute would result in a 5 to 20-year sentence, a fine, or both, per Pate.
A judge can also fine a defendant up to three times the amount of any money obtained by the defendant during the scheme.
In Georgia, civil remedies can also be imposed. The firm's website explains that a judge can order a defendant to give up any business interest or property gained through a RICO violation. It also lists that the defendants can have restrictions imposed on them, such as a prohibition from engaging in the same type of endeavor as the unlawful business.
The injured parties can file suit against the defendants for three times the damages sustained and may seek punitive damages when appropriate.
"I think specifically with Young Thug, he's looking at the RICO charge, a conspiracy to commit RICO charge, as well as participation in a criminal street gang -- same kind of punishment for that offense," he said. "Five years. Up to 20 years."
Key takeaways on the Fulton County Election Probe:
- A total of 41 counts, with varying charges against each defendant.
- All defendants were charged with RICO (Racketeer Influenced and Corrupt Organizations Act).
- Count One lists 161 acts that establish a conspiracy to overturn Georgia's election.
- Charges range from false statements and solicitation to harassment and obstruction.
- Key charges include solicitation of state officials, creation of fake electors, and attempts to influence the Department of Justice and Vice President Pence.
- Allegations also involve the unlawful breach of election equipment.
Specifically, what are Trump's charges?
- Former President Trump faces 13 charges in total.
- Charges include solicitation of oath violation by a public officer, conspiracy to commit forgery, false statements, violation of the Georgia RICO Act, and more.
- Events Trump is accused of include claiming victory on Election Day, involvement in the fake elector's scheme, making calls to officials, and filing false documents.