From Mafia to Violent Extremist: Examining the Application of the Rico Act to Antifa

reportActive / Technical Report | Accesssion Number: AD1213019 | Open PDF

Abstract:

Factions within Antifa were responsible for criminal activity during the social injustice protests of 2020in the United States, leading to some arrests. Despite the economic destruction caused nationally during the protests and Antifa's continual involvement in criminal acts, not much has been done to hold the group accountable. The Racketeer Influenced and Corrupt Organizations (RICO) Act offers one potential option to address Antifa. This thesis explores how the RICO statute has been applied to criminal enterprises similar to Antifa and how it might be applied to prosecute Antifa. This thesis uses a combination of two qualitative research methods: legal analysis and case studies. The legal analysis focuses on the RICO Act's application to non-economic enterprises and the related First Amendment issues involved when the act is applied to protest groups. The case studies focus on the successful application of the RICO Act to other types of criminal enterprises such as criminal street gangs, white supremacist groups, and other non-traditional criminal enterprises. This thesis finds that the RICO Act's use for non-traditional criminal enterprises has withstood legal challenges, making it a viable option for combating Antifa.

Author(s):
Soto, Marco A. Sr
Author Organization(s):
NAVAL POSTGRADUATE SCHOOL MONTEREY CA
Funding Organization(s):
NAVAL POSTGRADUATE SCHOOL MONTEREY CA, MONTEREY, CA
Document Type:
Technical Report/Master's Thesis
Publication Date:
2023 Mar 01
Pagination:
80

Security Markings

DOCUMENT & CONTEXTUAL SUMMARY

Distribution Code:
A - Approved For Public Release
Distribution Statement: Public Release.
Copyright: Not Copyrighted

RECORD

Collection: TRECMS
Subject Terms
Descriptor(s):
congress, national security, societies, civil rights, freedom of speech, national governments, terrorism, terrorists, united states, law, california, crime, criminals, domestic terrorism, governments, united states government, case studies
Keyword(s):
RICO(Racketeer Influenced and Corrupt Organizations), Antifa(anti-fascist group terrorisT GROUP), FTO(foreign terrorist organization), ICE(US Immigration and Customs Enforcement)
Subject Categories:
Behavioral and Social Sciences
Modernization Areas:
Fully Networked C3; Cyber
Communities of Interest:
; ; ; ;
Descriptor(s):
congress, civil rights, freedom of speech, law, national security, national governments, personnel management, societies, terrorism, terrorists, united states, commerce, department of homeland security, drug abuse, prejudice, california, crime
Creation Date:
2023 Oct 17
Update Date:
2023 Nov 17