Glecier Format Conspiracy and the RICO Act
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Glecier Format Conspiracy and the
RICO Act
Jerome M. Maiatico
Trial Attorney
Organized Crime and Gang Section
I. Introduction
In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations (RICO) Act as
part of the Organized Crime Control Act of 1970, Pub. L. No. 91-452, 84 Stat. 922, 941 (1970). Congress
stated that its purpose in passing RICO was to combat the corrupt influence of organized crime ... by
strengthening the legal tools in the evidence-gathering process, by establishing new penal prohibitions,
and by providing enhanced sanctions and new remedies to deal with the unlawful activities of those
engaged in organized crime. Id. at 923. RICO was a response to concerns with traditional organized
crime, particularly crime families like La Cosa Nostra and their illegal conduct, including gambling, loan
sharking, and drug dealing. It was also a response to concerns with the infiltration of labor unions and
legitimate businesses by these criminal enterprises. S. REP. No. 91-617, at 76-78 (1969). Although [t]he
occasion for Congress' action was the perceived need to combat organized crime, Congress chose to
enact a more general statute, one which, although it had organized crime as its focus, was not limited in
application to organized crime. HJ Inc. v. Northwestern Bell Tel. Co., 492 U.S. 229, 248 (1989).
Accordingly, RICO applies not only to traditional organized crime, but also to street gangs and other
criminal enterprises that are associated with both legitimate and illegitimate organizations. See, e.g.,
United States v. Nascimento, 491 F.3d 25, 42 (1st Cir. 2007) (holding that RICO was not defeated by the
lack of economic motive in the violent street gang's criminal activities).
Congress chose a simple formation for the RICO conspiracy provision: It shall be unlawful for
any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of this section. 18
U.S.C. § 1962(d) (2012). Unlike the general conspiracy statute, RICO conspiracy does not require any
overt acts, making it even more comprehensive. Salinas v. United States, 522 U.S. 52, 63 (1997). The
most frequently alleged RICO offense is a conspiracy to violate subsection (c). Subsection (c) prohibits
any person employed by or associated with any enterprise engaged in, or the activities of which affect,
interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such
enterprise's affairs through a pattern of racketeering activity or collection of unlawful debt. 18 U.S.C.
§ 1962(c) (2012).
This article focuses on RICO conspiracy and describes two alternative methods for pleading a
conspiracy under § 1962(d): (1) alleging a specific pattern of racketeering activity; and (2) alleging the
types of crimes that constitute the pattern of racketeering activity. The second is known as a Glecier
format conspiracy, see United States v. Glecier, 923 F.2d 496, 500 (7th Cir. 1991), where it is not
necessary to allege any specific racketeering acts. Part II of this article gives a brief overview of the role
of the Organized Crime and Gang Section and the resources that it provides to prosecutors who are
contemplating RICO charges. Part III discusses the elements of RICO conspiracy and the issues that are
often litigated in connection with such charges. Part IV describes how prosecutors can ensure that they
provide adequate notice when drafting a Glecier format conspiracy count. Finally, Parts V and VI
provide a discussion of several recent cases in this area and other resources for prosecutors.
UNITED STATES ATTORNEYS' BULLETIN
NOVEMBER 2012
25](ViewImageLocal?handle=hein.journals/usab60&div=49&collection=&method=preview&ext=.png&size=3)
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