Both mail and wire fraud, as well as honest services fraud, are predicate racketeering acts for the purposes of the Racketeer Influenced and Corrupt Organizations (RICO) Act. The RICO statute provides for enhanced criminal penalties upon a showing of the requisite predicate acts, and is just as amorphous as the honest services statute, if not more so. Private individuals can also pursue private RICO litigation, and a successful plaintiff will receive treble damages and sometimes award of attorney fees. Thus, in a case where a large corporation has defrauded its investors or employees, the victims can pursue a civil RICO claim and possibly get all of their money back and then some.
Mail and wire fraud can be prosecuted under the RICO statute if there are two or more alleged instances of use of the mails or wires in furtherance of the scheme. Two mailings or wires transmissions in the execution of honest services fraud constitute a pattern of racketeering activity, and will always constitute the predicate acts for the RICO statute to apply.
If you find yourself facing such a charge or others we have examined, you NEED the best mail fraud attorneys you can find to fight on your behalf.