Constitutional Law—First Circuit Requires Minimal Commercial Effect for RICO Violations Based on Local Noneconomic Activity—United States v. Nascimento, 491 F.3d 25 (1st Cir. 2007), petition for cert. filed, No. 07-7925 (U.S. Nov. 26, 2007)

First Circuit Review 2008

In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations Act (RICO), allowing federal prosecutors leeway in bringing criminal charges against associates of organized crime enterprises. To secure a RICO conviction, the government must prove five elements, one of which is that the enterprise’s activities affect interstate commerce. In United States v. Nascimento, the Court of Appeals for the First Circuit considered whether to uphold the appellants’ RICO convictions where the appellants were members of a local gang whose purpose was to assault and murder rival gang members. The First Circuit upheld the convictions and, purposefully splitting from the Sixth Circuit, concluded that RICO requires only a minimal effect on interstate commerce for local, noneconomic crimes. . . .