Massachusetts Racketeering Laws

Created by FindLaw's team of legal writers and editors | Last reviewed July 09, 2018

The offense of racketeering is a serious crime that consists of various offenses including gambling, robbery, extortion, or even murder. Racketeering includes multiple offenses that are the product of the operation of an illegal business or unlawful scheme carried out for profit.

Racketeering activities at the federal level are defined by federal Racketeer Influenced and Corrupt Organizations Act (RICO) laws, but racketeering crimes are prosecuted through state laws as well. Massachusetts has an equivalent RICO law and criminalizes racketeering activities under the offense of "criminal enterprise activity." The law defines this as a "commission, attempt to commit, or the solicitation, coercion, aiding, abetting, or intimidation of another to commit" any of the crimes listed in the statute.

A Synopsis of Massachusetts Racketeering Laws

It's recommended that you work with an attorney to get a complete picture of what a statute really means. However, you can contribute to your knowledge prior to meeting with counsel by reading a condensed version of the law, stripped of legal jargon. Read on for a synopsis of racketeering laws in Massachusetts.

Statutes

Massachusetts General Laws Part IV, Chapter 271A:

Section 1 (Definitions)
Section 2 (Enterprise Crimes and Penalties)
Section 3 (Seizure and Forfeiture of Proceeds and Property)

Elements of the Crime

Pattern of criminal enterprise activity:

Engaging in at least 3 incidents of "criminal enterprise activity" that have the same or similar pattern, intent, result, victims, accomplices, principals, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics and must not be isolated events.
The last of the incidents must have occurred within 5 years of another incident of criminal enterprise activity.

Examples of criminal enterprise activity include (but aren't limited to) the following:

Murder
Rape
Manslaughter
Assault and battery
Robbery
Extortion
Stalking
Criminal harassment
Kidnapping
Insurance fraud
Identity fraud
Bribery
Malicious destruction of property
Burglary
Commission of a felony for hire
Breaking and entering
Child exploitation
Misuse or fraudulent use of credit cards
Human trafficking
Perjury

Possible Penalties

The actual penalties in any criminal case will depend on the specific surrounding circumstances. Possible penalties may include the following:

Incarceration
Fines
Forfeiture of assets
Property liens
Restitution to the victims
Civil damages

Related Offenses

Massachusetts General Laws, Chapter 266:

Section 1 (Arson)
Section 37E (Identity Fraud)

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.