Racketeering is a type of organized crime in which the perpetrators set up a coercive , fraudulent , extortionary , or otherwise illegal coordinated scheme or operation (a " racket ") to repeatedly or consistently collect a profit. The term "racketeering" was coined by the Employers' Association of Chicago in June 1927 in a statement about the influence of organized crime in the Teamsters Union. Specifically, a racket was defined by this coinage as being a service that calls forth its own demand, and would not have been needed otherwise. Narrowly, it means coercive or fraudulent business practices; broadly, it can mean any criminal scheme or operation with ongoing or reoccurring profit, as defined in the 1970 U.S. RICO Act , which aimed to curtail the power of the Mafia and other organized crime.
55-476: Originally and often still specifically, racketeering may refer to a criminal act in which the perpetrators offer a service that will not be put into effect, offer a service to solve a nonexistent problem, or offer a service that solves a problem that would not exist without the racket. However, racketeers may also sometimes offer an ostensibly effectual service outside of the law to solve an actual existing problem. The traditional and historically most common example of
110-483: A certain type of business or form of transaction. Sometimes racketeers will warn other criminals that the client is under their protection and that they will punish anyone who harms the client. Services that the racketeers may offer may include the recovery of stolen property or punishing vandals. The racketeers may even advance the interests of the client by forcing out (or otherwise hindering or intimidating) unprotected competitors. Protection from theft and vandalism
165-406: A form of extortion . In some instances, the main potential threat to the target may be caused by the same group that offers to solve it in return for payment, but that fact may sometimes be concealed in order to ensure continual patronage and funding of the crime syndicate by the coerced party. In other cases, depending on the perpetrators' level of influence with authorities and the legality of
220-526: A maximum penalty of life imprisonment . If the accused uses a restricted or prohibited firearm to commit robbery, there is a mandatory minimum sentence of five years for the first offence, and seven years for subsequent offences. Robbery is a statutory offence in the Republic of Ireland . It is created by section 14(1) of the Criminal Justice (Theft and Fraud Offences) Act 2001 , which provides: A person
275-419: A number of offences of robbery and aggravated robbery. If a robbery is foiled before it can be completed, an alternative offence (with the same penalty, given by section 8(2) of the 1968 Act) is assault; any act which intentionally or recklessly causes another to fear the immediate and unlawful use of force, with an intent to rob, will suffice. The following cases are relevant: Assault with intent to rob
330-409: A protection racket may protect vulnerable targets from other dangerous individuals and groups or may simply offer to refrain from themselves carrying out attacks on the targets, and usually both of these forms of protection are implied in the racket. Due to the frequent implication that the racketeers may contribute to harming the target upon failure to pay, the protection racket is generally considered
385-436: A racket is the " protection racket ", in which racketeers offer to protect a business from robbery or vandalism; however, the racketeers will themselves coerce or threaten the business into accepting this service, often with the threat (implicit or otherwise) that failure to acquire the offered services will lead to the racketeers themselves contributing to the existing problem. In many cases, the potential problem may be caused by
440-419: A robbery will constitute an offence of handling . Robbery is an indictable-only offence . Under current sentencing guidelines, the punishment for robbery is affected by a variety of aggravating and mitigating factors. Particularly important is how much harm was caused to the victim and how much culpability the offender had (e.g. carrying a weapon or leading a group effort implies high culpability). Robbery
495-414: A trespassory taking and carrying away of the personal property of another with the intent to steal from the person or presence of the victim by force or threat of force. The first six elements are the same as common law larceny. It is the last two elements that aggravate the crime to common law robbery. from the person or presence of the victim – robbery requires that the property be taken directly from
550-471: A year, exceeding the National Crime Survey reported estimate. Robberies have been depicted, sometimes graphically, in various forms of media, and several robbers have become pop icons , such as Bonnie and Clyde and John Dillinger . Examples of media works focused on robberies include: Video games Payday: The Heist , Payday 2 and Payday 3 are games by Overkill Software where one of
605-482: Is imprisonment for life . It is also subject to the mandatory sentencing regime under the Criminal Justice Act 2003 . Current sentencing guidelines advise that the sentence should be no longer than 20 years, for a high-harm, high-culpability robbery with other aggravating factors. The "starting point" sentences are: An offender may also serve a longer sentence if they are convicted of other offences alongside
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#1732875989705660-714: Is an indictable-only offence . It is punishable with imprisonment for life or for any shorter term. Assault with intent to rob is also subject to the mandatory sentencing regime under the Criminal Justice Act 2003 . Robbery is a statutory offence in Northern Ireland . It is created by section 8 of the Theft Act (Northern Ireland) 1969 . In the United States, robbery is generally treated as an aggravated form of common law larceny. Specific elements and definitions differ from state to state. The common elements of robbery are:
715-409: Is an ordinary English word and its meaning should be left to the jury. This approach was confirmed in R v Clouden (1985) and Corcoran v Anderton (1980), both handbag-snatching cases. Stealing may involve a young child who is not aware that taking other persons' property is not in order. The victim must be placed in apprehension or fear that force would be used immediately before or at the time of
770-473: Is and is not protected. Protection racketeers are not necessarily criminals. In A Short History of Progress , Ronald Wright notes on p. 49, "The warrior caste, supposedly society's protectors, often become protection racketeers. In times of war or crisis, power is easily stolen from the many by the few on a promise of security. The more elusive or imaginary the foe, the better for manufacturing consent ." Government officials may demand bribes to look
825-517: Is called "protection money" or a "protection fee". An organized crime group determines an affordable or reasonable fee by negotiating with each of its payers, to ensure that each payer can pay the fee on a regular basis and on time. Protections rackets can vary in terms of their levels of sophistication or organization; it is not uncommon for their operations to emulate the structures or methods used by tax authorities within legitimate governments to collect taxes from taxpayers . The perpetrators of
880-575: Is differentiated from other forms of theft (such as burglary , shoplifting , pickpocketing , or car theft ) by its inherently violent nature (a violent crime ); whereas many lesser forms of theft are punished as misdemeanors , robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way , whereas robbery is triable only on indictment . The word "rob" came via French from Late Latin words (e.g., deraubare ) of Germanic origin, from Common Germanic raub "theft". Among
935-414: Is divided into three categories which are, in increasing order of seriousness: street or less sophisticated commercial; dwelling; and professionally planned commercial. Robbery generally results in a custodial sentence. Only a low-harm, low-culpability robbery with other mitigating factors would result in an alternative punishment, in the form of a high level community order . The maximum legal punishment
990-566: Is guilty of robbery if he or she steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force. Robbery is a statutory offence created by section 8(1) of the Theft Act 1968 which reads: A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force. Robbery
1045-419: Is in a person's presence when it is within the area of their immediate control. The property has to be close enough to the victim's person that the victim could have prevented its taking if he/she had not been placed in fear or intimidation. by force or threat of force – the use of force or threat of force is the defining element of robbery. For there to be robbery there must be "force or fear" in perpetrating
1100-511: Is one service the racketeer may offer. For instance, in Sicily, mafiosi know all the thieves and fences in their territory, and can track down stolen goods and punish thieves who attack their clients. Protection racketeers establish what they hope will be indefinitely long bonds with their clients. This allows the racketeers to publicly declare a client to be under their protection. Thus, thieves and other predators will have little confusion as to who
1155-430: Is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law , robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault . Precise definitions of the offence may vary between jurisdictions. Robbery
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#17328759897051210-493: Is the only offence of aggravated theft. There are no offences of aggravated robbery. This requires evidence to show a theft as set out in section 1(1) of the Theft Act 1968. In R v Robinson the defendant threatened the victim with a knife in order to recover money which he was actually owed. His conviction for robbery was quashed on the basis that Robinson had an honest, although unreasonable, belief (under Section 2(1)(a) of
1265-733: The Theft Act 1968 . See sections 40 to 43 of the Larceny Act 1861 . Section 23 of the Larceny Act 1916 read: 23.-(1) Every person who - shall be guilty of felony and on conviction thereof liable to penal servitude for life, and, in addition, if a male, to be once privately whipped. (2) Every person who robs any person shall be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding fourteen years. (3) Every person who assaults any person with intent to rob shall be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding five years. This section provided maximum penalties for
1320-508: The " numbers racket " or the " drug racket ", neither of which generally or necessarily involve extortion, coercion, fraud, or deception with regard to the intended clientele. Because of the clandestine nature of the black market , most proceeds made from criminal rackets often go untaxed . On October 15, 1970, the Racketeer Influenced and Corrupt Organizations Act ( 18 U.S.C. §§ 1961 – 1968 ), commonly referred to as
1375-526: The "RICO Act", became United States law. The RICO Act allows federal law enforcement to charge a person or group of people with racketeering, defined as committing multiple violations of certain varieties within a ten-year period. The purpose of the RICO Act was stated as "the elimination of the infiltration of organized crime and racketeering into legitimate organizations operating in interstate commerce ". S.Rep. No. 617, 91st Cong. , 1st Sess. 76 (1968). However,
1430-456: The Act) in his legal right to the money. See also R v Skivington [1968] 1 QB 166, [1967] 2 WLR 655, 131 JP 265, 111 SJ 72, [1967] 1 All ER 483, 51 Cr App R 167, CA. In R v Hale (1978) the application of force and the stealing took place in many different locations, and it was not possible to establish the timing; it was held that the appropriation necessary to prove theft was a continuing act, and
1485-567: The United States, civil racketeering laws are also used in federal and state courts . Many types of crime can be covered by the "RICO" Act. Protection racket A protection racket is a type of racket and a scheme of organized crime perpetrated by a potentially hazardous organized crime group that generally guarantees protection outside the sanction of the law to another entity or individual from violence , robbery , ransacking , arson , vandalism , and other such threats , in exchange for payments at regular intervals. Each payment
1540-640: The business being protected, protection rackets may also offer protection against law enforcement and police involvement, especially if the perpetrators bribe or threaten local law enforcement. The protection racket mostly sells physical security . Through the credible threat of violence, the racketeers deter both third-party criminals and people in their own criminal organization from swindling, robbing, injuring, sabotaging, or otherwise harming their clients. The racket often occurs in situations and places where criminal threats to certain businesses, entities, or individuals are not effectively prevented or addressed by
1595-409: The criminal underworld, offering protection to businesspeople, and selling public appointments to buyers. A protection racketeer cannot tolerate competition within his sphere of influence from another racketeer. If a dispute erupted between two clients (e.g. businessmen competing for a construction contract) who are protected by rival racketeers, the two racketeers would have to fight each other to win
1650-428: The degree of implied threat; the racketeers themselves may threaten and attack businesses, technological infrastructure, and citizens if the payments are not made. A distinction is possible between a "pure" extortion protection racket, in which the racketeers might agree only not to attack a business or entity, and a broader protection racket offering some real private security in addition to such extortion. In either case,
1705-484: The dispute for their respective clients. The outcomes of such fights can be unpredictable, and neither racketeer would be able to guarantee a victory for his client. This would make their protection unreliable and of little value; their clients would likely dismiss them and settle the dispute by other means. Therefore, racketeers negotiate territories in which they can monopolize the use of violence in settling disputes. These territories may be geographical, or they may be
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1760-566: The entities involved. Hence, protection rackets are common in places or territories where criminal organizations resemble de facto authorities, or parallel governments. Sicily, Italy is a great example of this phenomenon, where the Cosa Nostra collects protection money locally and resembles a de facto authority, or a parallel government. Protection rackets are often indistinguishable in practice from extortion rackets, and generally distinguishable from social service and private security by
1815-407: The jury could correctly convict of robbery. This approach was followed in R v Lockley (1995) when the force was applied to a shopkeeper after property had been taken. It was argued that the theft should be regarded as complete by this time, and R v Gomez (1993), should apply; the court disagreed, preferring to follow R v Hale . The threat or use of force must take place immediately before or at
1870-447: The legal definitions of offences in countries, or the different methods of offence counting and recording". Also not every single crime is reported, meaning two things; (1) robbery rates are going to appear lower than they actually are and; (2) the percentage of crime that is not reported is going to be higher in some countries then others, for example – in one country 86% of the robberies were reported, whereas in another country only 67% of
1925-428: The mafia as a type of organized crime group that specializes in the provision of private protection. Protection racketeers or mafia groups operate mostly in the black market , providing buyers and sellers the security they need for smooth transactions; but empirical data collected by Gambetta and Varese suggests that mafia groups are able to offer private protection to corporations and individuals in legal markets when
1980-508: The offer to not do something illegal, in the event that goods are not given, primarily using words instead of actions. Criminal slang for robbery includes "blagging" (armed robbery, usually of a bank) or "stick-up" (derived from the verbal command to robbery targets to raise their hands in the air), and " steaming " (organized robbery on underground train systems). In Canada, the Criminal Code makes robbery an indictable offence , subject to
2035-823: The only form of protection racket or extra-legal protector, and another important form of protection racket is corrupt networks consisting of public officials, especially those from criminal justice agencies. For example, Wang's The Chinese Mafia (2017) examines protection rackets in China and suggests two types of extra-legal protectors, namely the Black Mafia (local gangs) and the Red Mafia (networks of corrupt government officials). Wang's narrative suggests that local gangs are quasi-law enforcers in both legal and illegal markets, and corrupt public officials are extra-legal protectors, safeguarding local gangs, protecting illegal entrepreneurs in
2090-558: The other way or extort something of value from citizens or corporations in the form of a kickback . It need not always be money. A lucrative job after leaving office may have been in exchange for protection offered when in office. Payment may also show up indirectly in the form of a campaign contribution. Stopping government agencies as a whole, and buying protection in the government is called regulatory capture . Robbery Robbery (from Old French rober ("to steal, ransack, etc."), from Proto-West Germanic *rauba ("booty"))
2145-403: The person of the victim or from their presence. This is different from larceny which simply requires that property be taken from the victim's possession, actual or constructive. Property is "on the victim's person" if the victim is actually holding the property, or the property is contained within clothing the victim is wearing or is attached to a victim's body such as a watch or earrings. Property
2200-468: The prevailing system of law and order or governance , or in cases of inadequate protection by the law for certain ethnic or socioeconomic groups. Protection rackets tend to form in markets in which the law enforcement cannot be counted on to provide legal protection, because of incompetence (as in weak, corrupt , or failed states ), illegality (when the targeted entity is involved in black markets ), and/or because forms of government distrust exist among
2255-455: The racket is popular with both the Sicilian Mafia and Italian-American Mafia . A protection racket is an operation where racketeers provide protection to persons and properties, settle disputes and enforce contracts in markets where the police and judicial system cannot be relied upon. Diego Gambetta 's The Sicilian Mafia (1996) and Federico Varese's The Russian Mafia (2001) define
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2310-692: The racketeers generally agree to defend a business or individual from any attack by either themselves or third parties (other criminal gangs). In reality, the distinction between the two types of protection rackets is dubious, because in either case extortion racketeers may have to defend their clients against rival gangs to maintain their profits. By corollary, criminal gangs may have to maintain control of territories (turfs), as local businesses may collapse if forced to pay for protection from too many rackets, which then hurts all parties involved. Certain scholars, such as Diego Gambetta , classify criminal organizations engaged in protection racketeering as " mafia ", as
2365-501: The robberies were reported. The last thing to note is that crime will vary by certain neighborhoods or areas in each country, so, just because a nationwide rate is a specified rate, does not mean that everywhere in that country retains the same amount of danger or safety. A 1983 study by the Department of Justice estimated that the amount of robberies in the US at schools alone may reach one million
2420-485: The robbery, such as assault and grievous bodily harm . Robbery was an offence under the common law of England. Matthew Hale provided the following definition: Robbery is the felonious and violent taking of any money or goods from the person of another, putting him in fear, be the value thereof above or under one shilling. The common law offence of robbery was abolished for all purposes not relating to offences committed before 1 January 1969 by section 32(1)(a) of
2475-520: The same party that offers to solve it, but that fact may be concealed, with the intent to engender continual patronage . The protection racket is thus often a method of extortion , at least in practice. However, the definition of the term "racket" has been expanded over time and may now be used less strictly to refer to any continuous or repeated illegal organized crime operation, including those that do not necessarily involve fraudulent or coercive practices or extortion. For example, "racket" may refer to
2530-483: The state fails to offer sufficient and efficient protection to the people in need. Two elements distinguish racketeers from legal security firms . The first element is their willingness to deploy violent forms of retribution (going as far as murder ) that fall outside the limits the law normally extends to civilian security firms. The other element is that racketeers are willing to involve themselves in illegal markets. Recent studies show that mafia groups or gangs are not
2585-509: The statute is sufficiently broad to encompass illegal activities relating to any enterprise affecting interstate or foreign commerce . 18 U.S.C. § 1961 (10) provides that the Attorney General of the United States may designate any department or agency to conduct investigations authorized by the RICO statute and such department or agency may use the investigative provisions of
2640-465: The statute or the investigative power of such department or agency otherwise conferred by law. Absent a specific designation by the Attorney General, jurisdiction to conduct investigations for violations of 18 U.S.C. § 1962 lies with the agency having jurisdiction over the violations constituting the pattern of racketeering activity listed in 18 U.S.C. § 1961 . In
2695-403: The taking of the property. A threat is not immediate if the wrongdoer threatens to use force of violence some future time. Robbery occurs if an aggressor forcibly snatched a mobile phone or if they used a knife to make an implied threat of violence to the holder and then took the phone. The person being threatened does not need to be the owner of the property. It is not necessary that the victim
2750-500: The theft. Questions concerning the degree of force necessary for robbery have been the subject of much litigation. Merely snatching the property from the victim's person is not sufficient force unless the victim resists or one of the items is attached or carried in such a way that a significant amount of force must be used to free the item from the victim's person. For robbery the victim must be placed in "fear" of immediate harm by threat or intimidation. The threat need not be directed at
2805-442: The time of the theft . Force used after the theft is complete will not turn the theft into a robbery. The words "or immediately after" that appeared in section 23(1)(b) of the Larceny Act 1916 were deliberately omitted from section 8(1). The book Archbold said that the facts in R v Harman , which did not amount to robbery in 1620, would not amount to robbery now. It was held in R v Dawson and James (1978) that "force"
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#17328759897052860-421: The time of the theft. Force used after the theft will turn the theft into a robbery unless the theft is complete. The theft is considered completed when the perpetrator reaches a place of temporary safety with the property. The United Nations Office on Drugs and Crime notes "that when using the figures, any cross-national comparisons should be conducted with caution because of the differences that exist between
2915-434: The types of robbery are armed robbery , which involves the use of a weapon , and aggravated robbery , when someone brings with them a deadly weapon or something that appears to be a deadly weapon. Highway robbery or mugging takes place outside or in a public place such as a sidewalk, street, or parking lot. Carjacking is the act of stealing a car from a victim by force. Extortion is the threat to do something illegal, or
2970-481: The victim personally. Threats to third parties are sufficient. The threat must be one of present rather than future personal harm. Fear does not mean "fright", it means apprehension – an awareness of the danger of immediate bodily harm. The maximum sentence for robbery in California is 9 years, according to Penal Code section 213(a)(1)(A). The threat or use of force does not have to take place immediately before or at
3025-416: Was actually frightened, but the defendant must have put or sought to put the victim or some other person in fear of immediate force. The force or threat may be directed against a third party, for example a customer in a jeweller's shop. Theft accompanied by a threat to damage property will not constitute robbery, but it may disclose an offence of blackmail . Dishonestly dealing with property stolen during
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