Trump, allies RICO charges in Georgia explained

ATLANTA - The Fulton County grand jury has indicted former President Donald Trump and 18 allies alleging they illegally meddled in the 2020 election in Georgia using the state's RICO Act.

The indictment lists Donald Trump, Rudy Giuliani, John Eastman, Mark Meadows, Kenneth Chesebro, Jeffrey Clark, Jenna Lynn Ellis, Ray Stallings Smith III, Robert Cheeley, Michael Roman, David Shafer, Shawn Micah Tresher Still, Stephen Cliffgard Lee, Harrison William Prescott Floyd, Trevian C. Kutti, Sidney Powell, Cathleen "Cathy" Latham, Scott Graham Hall, and Misty Hampton (Emily Misty Hayes). Each of them face a variety of charges, but share a single count among them: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act.

Fulton County District Attorney Fani Willis has spent the last two years building a case under the Georgia Racketeer Influenced and Corrupt Organizations Act, or RICO, which allows her to charge multiple people in a potentially wide-ranging scheme. Georgia’s probe has focused on the state’s so-called fake electors, false claims of election fraud, allegations election workers were pressured, election equipment being accessed, the former U.S. Attorney’s resignation, and Trump’s phone call to Georgia Secretary of State Brad Raffensperger.

How did the Trump RICO investigation begin in Georgia?

A recording of a January 2021 phone call between Trump and Georgia’s Secretary of State Brad Raffensperger spurred the call.

Trump suggested during the call that Raffensperger, a Republican and the state’s top elections official, could help "find" the votes needed to overturn his narrow loss to Democrat Joe Biden.

What is RICO?

The Racketeer Influenced and Corrupt Organizations Act, or RICO, was developed to fight organized crime. It was enacted in 1970 after being signed into law by President Richard Nixon.

Federally, RICO was originally was intended to be used to combat the Mafia. It draws from a list of 27 federal crimes and eight state crimes committed and repeated over the course of a 10-year period. Those crimes can include fraud, theft, computer crimes, embezzlement, credit scams, investment schemes, human trafficking, illegal gambling, bribery, kidnapping, murder, money laundering, counterfeiting, and various drug charges.

The Justice Department has used RICO to dismantle multiple crime families including the Gambinos, and has also helped to weed out corruption in several city police departments, including those in Key West and Los Angeles. Prosecutors have also used RICO to try to dismantle several street gangs, and helped in prosecuting businesses that break federal law.

Within a few years of the federal law taking effect, states began passing their own RICO laws. Generally speaking, RICO laws allow prosecutors to charge multiple people who commit separate crimes while working toward a common goal.

What is different about Georgia’s RICO Act?

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. It’s important to note that the alleged scheme does not have to have been successful for a RICO charge to stick.

Former DeKalb County District Attorney J. Tom Morgan, who was a prosecutor for more than 25 years, says Georgia’s racketeering law differs from federal RICO charges.

"Anyone indicted under that RICO charge … they face a far greater liability in Georgia than they do under Mr. Smith," said Morgan. "Under Georgia law, all you have to prove is two felonies, and those felonies occurred in Fulton County."

And crimes in other counties can also be included in a RICO charge. That was something Willis emphasized during a press conference late Monday evening, following the release of the 97-page, 41-count indictment.

"As you examine the indictment, you will see acts that are identified as ‘overt acts’ and those that are identified as ‘predicate acts," sometimes called ‘acts of racketeering activity,’" Willis said.

Willis explained that predicate acts may not be illegal on their own in Georgia, but under the RICO act, they were "in furtherance of the conspiracy" and "furtherance of the criminal enterprise."

Georgia’s RICO statutes are much broader in that the criminal "enterprise" does not have to be around as long. Georgia is one of only 33 states that has its own RICO statutes. However, in both state and federal laws, a pattern of criminal enterprise has to be established.

"You can include crimes in other states, in other jurisdictions in a RICO indictment," Morgan explained.

RICO used in other Georgia trials

DA Willis is no stranger to using RICO. During her tenure, she has used RICO to indict members of YSL, a violent criminal street gang affiliated with the Bloods gang.

"I’m a fan of RICO," Willis said during a news conference in August 2022 as she announced a RICO indictment against more than two dozen alleged gang members.

Willis has said jurors want to know all the facts behind an alleged crime and that a RICO indictment enables prosecutors to provide a complete picture of all the alleged illegal activity. A narrative introduction allows prosecutors to tell a story that can include a lot of detailed information that might not relate to specific crimes, but is relevant to the broader alleged scheme.

"The jury will go in with a RICO indictment, I would guess, in a case like this, alleging many, many, many crimes. They only have to find two of them to find the defendant guilty of RICO. And that’s a 20-year felony," Morgan said.

What are the penalties for RICO?

Violating RICO carries a maximum of 20 years and a fine that is "greater of $25,000 or three times the amount of pecuniary gain."

"You can have a RICO, and then you can have the other counts spelled out in their own individual counts. Or, you can just have a RICO indictment," Morgan said.

Under RICO, victims impacted can seek civil recourse without the defendant being able to hide behind bankruptcy to skirt judgment or restitution.

"The biggest difference is how many crimes you can encompass. In federal, you can’t typically encompass state crimes. In Georgia, you can include federal crimes in your Georgia indictment," Morgan said.

Trump and his allies will now experience Georgia’s RICO Act firsthand. They are expected to surrender sometime before Friday, Aug. 25.

Trump, allies face other charges in addition to RICO

The indictment handed down Monday evening is long may be a bit confusing. We broke down the charges each individual faces:

Donald J. Trump

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 5 - Solicitation of violation of oath by public officer
• 9 - Conspiracy to commit impersonating a public officer
• 11 - Conspiracy to commit forgery in the first degree
• 13 - Conspiracy to commit false statements and writings
• 15 - Conspiracy to commit filing false documents
• 17 - Conspiracy to commit forgery in the first degree
• 19 - Conspiracy to commit false statements and writings
• 27 - Filing false documents
• 28 - Solicitation of violation of oath by public officer
• 29 - False statements and writings
• 38 - Solicitation of violation of oath by public officer
• 39 - False statements and writings

Rudolph Giuliani

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 2 - Solicitation of Violation of Oath by public officer
• 3 - False statements and writings
• 6 - Solicitation of violation of oath by public officer
• 7 - False statements and writings
• 9 - Conspiracy to commit impersonating a public officer
• 11 - Conspiracy to commit forgery in the first degree
• 13 - Conspiracy to commit false statements and writing
• 15 - Conspiracy to commit filing false documents
• 17 - Conspiracy to commit forgery in the first degree
• 19 - Conspiracy to commit false statements and writings
• 23 - Solicitation of violation of oath by public officer
• 24 -False statements and writings

John Eastman

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 2 - Solicitation of Violation of Oath by public officer
• 9 - Conspiracy to commit impersonating a public officer
• 11 - Conspiracy to commit forgery in the first degree
• 13 - Conspiracy to commit false statements and writing
• 15 - Conspiracy to commit filing false documents
• 17 - Conspiracy to commit forgery in the first degree
• 19 - Conspiracy to commit false statements and writings
• 27 - Filing false documents

Mark Meadows

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 28 - Solicitation of violation of oath by public officer

Kenneth Chesebro

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 9 - Conspiracy to commit impersonating a public officer
• 11 - Conspiracy to commit forgery in the first degree
• 13 - Conspiracy to commit false statements and writing
• 15 - Conspiracy to commit filing false documents
• 17 - Conspiracy to commit forgery in the first degree
• 19 - Conspiracy to commit false statements and writings

Jeffrey Clark

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 22 - Criminal attempt to commit influencing witnesses

Jenna Lynn Ellis

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 2 - Solicitation of Violation of Oath by public officer

Ray Stallings Smith III

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 2 - Solicitation of Violation of Oath by public officer
• 4 - False statements and writings
• 6 - Soliticiation of violation of oath by public officer
• 9 - Conspiracy to commit impersonating a public officer
• 11 - Conspiracy to commit forgery in the first degree
• 13 - Conspiracy to commit false statements and writing
• 15 - Conspiracy to commit filing false documents
• 17 - Conspiracy to commit forgery in the first degree
• 19 - Conspiracy to commit false statements and writings

Robert Cheeley

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 9 - Conspiracy to commit impersonating a public officer
• 11 - Conspiracy to commit forgery in the first degree
• 13 - Conspiracy to commit false statements and writing
• 15 - Conspiracy to commit filing false documents
• 17 - Conspiracy to commit forgery in the first degree
• 19 - Conspiracy to commit false statements and writings
• 23 - Solicitation of violation of oath by public officer
• 26 - False statements and writings
• 41 - Perjury

Michael Roman

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 9 - Conspiracy to commit impersonating a public officer
• 11 - Conspiracy to commit forgery in the first degree
• 13 - Conspiracy to commit false statements and writing
• 15 - Conspiracy to commit filing false documents
• 17 - Conspiracy to commit forgery in the first degree
• 19 - Conspiracy to commit false statements and writings

David Shafer

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 8 - Impersonating a public officer
• 10 - Forgery in the first degree
• 12 - False statements and writings
• 14 - Criminal attempt to commit filing false documents
• 16 - Forgery in the first degree
• 18 - False statements and writings
• 40 - False statements and writings

Shawn Micah Tresher Still

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 8 - Impersonating a public officer
• 10 - Forgery in the first degree
• 12 - False statements and writings
• 14 - Criminal attempt to commit filing false documents
• 16 - Forgery in the first degree
• 18 - False statements and writings

Stephen Cliffgard Lee

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 20 - Criminal attempt to commit influencing witnesses
• 21 - Criminal attempt to commit influencing witnesses
• 30 - Conspiracy to commit solicitation of false statements and writings
• 31 - Influencing Witnesses

Harrison William Prescott Floyd

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 30 - Conspiracy to commit solicitation of false statements and writings
• 31 - Influencing Witnesses

Trevian C. Kutti

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 30 - Conspiracy to commit solicitation of false statements and writings
• 31 - Influencing Witnesses

Sidney Powell

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 32 - Conspiracy to commit election fraud
• 33 - Conspiracy to commit election fraud
• 34 - Conspiracy to commit computer theft
• 35 - Conspiracy to commit computer trespass
• 36 - Conspiracy to commit computer invasion of privacy
• 37 - Conspiracy to defraud the state

Cathy Latham

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 8 - Impersonating a public officer
• 10 - Forgery in the first degree
• 12 - False statements and writings
• 14 - Criminal attempt to commit filing false documents
• 32 - Conspiracy to commit election fraud
• 33 - Conspiracy to commit election fraud
• 34 - Conspiracy to commit computer theft
• 35 - Conspiracy to commit computer trespass
• 36 - Conspiracy to commit computer invasion of privacy
• 37 - Conspiracy to defraud the state

Scott Hall

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 32 - Conspiracy to commit election fraud
• 33 - Conspiracy to commit election fraud
• 34 - Conspiracy to commit computer theft
• 35 - Conspiracy to commit computer trespass
• 36 - Conspiracy to commit computer invasion of privacy
• 37 - Conspiracy to defraud the state

Misty Hampton (aka Emily Misty Hayes)

• 1 - Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
• 32 - Conspiracy to commit election fraud
• 33 - Conspiracy to commit election fraud
• 34 - Conspiracy to commit computer theft
• 35 - Conspiracy to commit computer trespass
• 36 - Conspiracy to commit computer invasion of privacy
• 37 - Conspiracy to defraud the state

Note: The numbers above indicate the count.

The Associated Press contributed to this report

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