Organized crimeVerified against official source

RICO — Substantive violation, 18 U.S.C. § 1962(a)–(c)

Imprisonment

0 (no mandatory prison) – 20 years (or life if the violation is based on a racketeering activity for which the maximum penalty includes life imprisonment)

Fine

Up to $250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross profits/proceeds (18 U.S.C. § 1963(a), in lieu)

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

§ 1962(a): investing income derived from a pattern of racketeering activity / unlawful-debt collection in an enterprise. § 1962(b): acquiring/maintaining an interest in or control of an enterprise through a pattern / unlawful-debt collection. § 1962(c): conducting an enterprise's affairs through a pattern / unlawful-debt collection. 'Pattern' requires at least two racketeering acts, the last within 10 years (excluding imprisonment) of a prior act (§ 1961(5)). 'Enterprise' includes a group of individuals associated in fact, not a legal entity (§ 1961(4)). Mandatory forfeiture under § 1963(a)(1)–(3). § 1964 is the civil RICO provision — not a criminal penalty, not tiered here.

RICO — Conspiracy, 18 U.S.C. § 1962(d)

Imprisonment

0 (no mandatory prison) – 20 years (or life if the violation is based on a racketeering activity for which the maximum penalty includes life imprisonment)

Fine

Up to $250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross profits/proceeds (18 U.S.C. § 1963(a), in lieu)

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Conspiracy to violate § 1962(a), (b), or (c) is punished under § 1963 the same as a substantive violation — there is no separate, lower conspiracy penalty. § 1962(d) states no overt-act element on its face, unlike 18 U.S.C. § 371.

VICAR — Murder, 18 U.S.C. § 1959(a)(1)

Imprisonment

Death or life imprisonment

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

The violent act must be committed as consideration for pecuniary value from an enterprise engaged in racketeering activity, or to gain entrance to / maintain / increase position in such an enterprise, and must violate state or US law. 'Racketeering activity' has the § 1961 meaning (§ 1959(b)(1)).

VICAR — Kidnapping, 18 U.S.C. § 1959(a)(1)

Imprisonment

Any term of years up to life

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

VICAR — Maiming, 18 U.S.C. § 1959(a)(2)

Imprisonment

0 (no mandatory prison) – 30 years

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

VICAR — Assault with a dangerous weapon / assault resulting in serious bodily injury, 18 U.S.C. § 1959(a)(3)

Imprisonment

0 (no mandatory prison) – 20 years

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

VICAR — Threatening to commit a crime of violence, 18 U.S.C. § 1959(a)(4)

Imprisonment

0 (no mandatory prison) – 5 years

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

VICAR — Attempting or conspiring to commit murder or kidnapping, 18 U.S.C. § 1959(a)(5)

Imprisonment

0 (no mandatory prison) – 10 years

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

VICAR — Attempting or conspiring to commit maiming / assault with a dangerous weapon / assault resulting in serious bodily injury, 18 U.S.C. § 1959(a)(6)

Imprisonment

0 (no mandatory prison) – 3 years

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

The fine clause of § 1959(a)(6) as published reads 'a fine of 1 under this title' — an apparent scrivener's error; the fine is treated here as 'fine under this title' per § 3571 and is flagged for re-check rather than silently corrected.

Travel Act — Distributing proceeds / promoting, managing, establishing, carrying on, or facilitating unlawful activity, 18 U.S.C. § 1952(a)(1), (a)(3)

Imprisonment

0 (no mandatory prison) – 5 years

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Travel in interstate/foreign commerce, or use of the mail / any facility in interstate/foreign commerce, with the stated intent, followed by performing or attempting an act described in § 1952(a)(1) or (a)(3). 'Unlawful activity' per § 1952(b): gambling, untaxed-liquor, narcotics/controlled-substance, or prostitution business enterprises; extortion, bribery, or arson; and certain money-laundering / financial offences (31 U.S.C. ch. 53 subch. II; 18 U.S.C. §§ 1956–1957).

Travel Act — Crime of violence to further unlawful activity, 18 U.S.C. § 1952(a)(2)

Imprisonment

0 (no mandatory prison) – 20 years; if death results, any term of years up to life

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Travel / use of the mail or an interstate facility with intent to commit a crime of violence to further unlawful activity, followed by performing or attempting such an act.

Illegal gambling business, 18 U.S.C. § 1955(a)

Imprisonment

0 (no mandatory prison) – 5 years

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Conducting, financing, managing, supervising, directing, or owning all or part of an illegal gambling business: a gambling business violating state/local law, involving 5+ persons, and in substantially continuous operation for more than 30 days or with gross revenue of $2,000 in a single day (§ 1955(b)(1)).

Continuing criminal enterprise (CCE) — First conviction, 21 U.S.C. § 848(a)

Imprisonment

20 years–life

Fine

Up to the greater of the Title 18 amount or $2,000,000 (individual) / $5,000,000 (other than an individual)

Mandatory minimum 20 years. 'Continuing criminal enterprise' (§ 848(c)): a felony drug violation that is part of a continuing series, undertaken in concert with 5+ other persons over whom the defendant occupies an organizer / supervisory / management position, and from which the defendant obtains substantial income or resources. Plus forfeiture under 21 U.S.C. § 853. Sentence may not be suspended; probation may not be granted (§ 848(d)).

CCE — After one or more prior § 848 convictions have become final, 21 U.S.C. § 848(a)

Imprisonment

30 years–life

Fine

Up to the greater of twice the Title 18 amount or $4,000,000 (individual) / $10,000,000 (other than an individual)

Mandatory minimum 30 years. Plus § 853 forfeiture; no suspension/probation (§ 848(d)).

CCE — 'Super kingpin': principal administrator/organizer/leader + 300× quantity or $10M gross receipts, 21 U.S.C. § 848(b)

Imprisonment

Life (mandatory)

Fine

As § 848(a) (see CCE tiers above)

Life imprisonment is mandatory where the defendant is a principal administrator/organizer/leader AND either the § 848(c)(1) violation involved at least 300 times the § 841(b)(1)(B) quantity, or the enterprise received $10M in gross receipts in a 12-month period for manufacture/importation/distribution of a § 841(b)(1)(B) substance.

CCE — Intentional killing in furtherance, 21 U.S.C. § 848(e)(1)(A)

Imprisonment

20 years–life, or death

Fine

No fine stated in § 848(e)(1)(A)

§ 848(e)(1)(A) only: a person engaging in or working in furtherance of a CCE, or engaging in an offence punishable under 21 U.S.C. § 841(b)(1)(A) or § 960(b)(1), who intentionally kills (or counsels/commands/induces/procures/causes the intentional killing) and the killing results. Other § 848(e) provisions are not tiered here — re-check before use.

General conspiracy — Fallback, 18 U.S.C. § 371

Imprisonment

0 (no mandatory prison) – 5 years (or capped at the misdemeanour maximum if the object offence is a misdemeanour only)

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Two or more persons conspiring to commit any offence against the United States or to defraud the United States, with at least one overt act. Does NOT set the penalty for conspiracies that have their own provision — RICO conspiracy (§ 1962(d), punished under § 1963) and drug conspiracy (21 U.S.C. § 846, same penalties as the object offence) are not punished under § 371.