Georgia’s Racketeer Influenced and Corrupt Organizations Act is an anti-mafia law similar to India’s MCOCA, under which Trump was recently charged.Trump has been charged with several crimes, primarily forgery, making false statements, impersonating a public official, witness tampering and conspiracy, with charges under RICO also at the center of the indictment.
Georgia RICO Act
- The RICO Act originated in the US federal law in 1970.
- Originally designed to combat organized crime, particularly mafia-related activities.
- Within a few years of the federal law taking effect, states began passing their own RICO laws.
- Georgia’s RICO Act, adopted in 1980, makes it a crime to participate in, acquire or maintain control of an “enterprise” through a “pattern of racketeering activity” or to conspire to do so.
- A conviction for racketeering under the RICO Act in Georgia can result in a prison term of up to 20 years.
- The severe penalty underscores the gravity of the Act’s application.
Maharashtra Control of Organised Crime Act (MCOCA), 1999
- It was introduced to tackle organized crime activities in Maharashtra.
- The Act is not limited to the state of Maharashtra, but it is also applicable to the state of the National Capital Territory of Delhi.
- Every offence under the Act is a cognisable offence.
- Every offence punishable under this Act shall be triable only by special courts constituted under the Act.
- The Act has strict provisions to avoid misuse of power, and anyone failing to do what they are required by law to do shall be punishable by imprisonment which may extend to three years or a fine.
Organized Crime
- Organized Crime activities refer to actions carried out jointly or severally by members of a gang or syndicate, with the intent of obtaining pecuniary or other advantages.
- Types of Organized Crime: Organized gang criminality, Racketeering, Syndicate Crime, Smuggling etc.
- They operate covertly, exploiting gaps in law enforcement and regulations.
Legal Position In India on Organized Crime
- Organized crime has always existed in India in some form or another. It has, however, assumed its virulent form in modern times due to several socio-economic and political factors and advances in science and technology.
- Even though rural India is not immune from it, it is essentially an urban phenomenon.
- India does not have a specific law to deal with organized crime at the national level. The existing laws, such as the National Security Act,1980, and the Narcotic Drugs and Psychotropic Substances Act, 1985 are inadequate as they target individuals and not criminal groups or enterprises.
- Some states, such as Gujarat (Gujarat Control of Organised Crime Act, 2015), Karnataka (Karnataka Control of Organised Crime Act, 2000), and Uttar Pradesh (Uttar Pradesh Control of Organised Crime Act, 2017), have enacted their own laws to combat organized crime.