In Texas, corruption is classed as a type of racketeering. This comes under the RICO – Racketeer-Influence and Corrupt Organization – Act. Corruption means that a business or act is run illegally as part of organized crime. In other words, criminal organizations like the mafia are not able to profit from a legitimate business (which counts as extortion) or to run a legitimate business of their own. The goal of the RICO Act is to make sure that criminal organizations no longer have an income flow, as this is what they use in order to fund their various other illegal activities. The same rules stand for public corruption, in which a government official abuses their position of power for financial gain.
A number of different criminal acts come under the RICO Act. The most common offenses include violation of state statutes, bribery, theft, embezzlement, fraud, bankruptcy, drug trafficking, criminal copyright infringement, money laundering, acts of terrorism and bringing in illegal aliens for financial gain. This list demonstrates the breadth of corruption and how much it can span.
TEXAS LAWS AND PENALTIES
The penalties for corruption are harsh and vary depending on the nature of the crime itself. However, in most cases, a custodial sentence will be handed down, followed by parole and/or supervised probation. There are usually also very substantial fines, restitution if any money was taken and a community service.
TEXAS CORRUPTION PENALTIES
The penalties under the RICO Act are very harsh. If any organized criminal activity takes place, then the offense is immediately a charge above that of the seriousness of the actual offense. For instance, if the act itself is a Class A misdemeanor, the penalty would be a state jail felony. The exception is with first degree felonies, as this is the highest type of felony that exists.
TEXAS STATUTE OF LIMITATIONS
The statute of limitations under the RICO Act is incredibly complicated. When the Act was first brought in, there was no statute of limitations at all, as the severity of the crime is raised one level due to the corrupt nature. However, following a number of cases, it was agreed that the statute of limitation has been put at four years, but this can be accrued and tolled. Generally, the statute is tolled when the accused is in prison or out of state, but because of the nature of corruption charges, other reasons can be brought forward for tolling as well.