Starting level and typical ranges
The starting level for this offense depends on another offense: offense level of the underlying crimes. Work out the level for the racketeering acts the person is responsible for (for example drug dealing, robbery, extortion, fraud), not every crime the organization committed. The level here is never lower than 19. Use the calculator above and enter that level when asked.
Important details
- The level is the greater of 19 or the level for the underlying crimes (§2E1.1(a)).
- If there was more than one underlying crime, each one is treated as a separate count and the results are combined under the multiple-count rules (§2E1.1, note 1). This calculator takes a single number for the underlying level.
- If the underlying crime was a state crime, the level for the most similar federal crime is used (§2E1.1, note 2).
- If the person was already sentenced for conduct charged as part of the racketeering pattern, and the conviction for it came before the last overt act of this offense, that sentence counts as a prior sentence in criminal history, not as part of this offense (§2E1.1, note 4).
- The calculator does not apply mandatory minimum sentences set by statute for this offense. If the statute of conviction requires one and it is higher than the range shown, the minimum controls; check the statute or ask a lawyer.
- Calculator limits: Combining several underlying crimes under the multiple-count rules. Comparing role and other Chapter Three adjustments separately for the level-19 path and the underlying-crime path (note 1).
Frequently asked questions
Is the calculator accurate for RICO?
It follows §2E1.1 of the Guidelines Manual effective November 1, 2025. It passed 6 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.
Related offenses
- Travel Act ViolationsTraveled or used the mail, phone or internet to aid illegal activityVerified
- Violent Crimes in Aid of Racketeering (VICAR)Committed or threatened violence for a gang or criminal organizationVerified
- Murder for HireHired someone, or agreed to be hired, to kill a personVerified
- LoansharkingMade or collected loans using threats or violenceVerified
- Illegal Gambling and Animal FightingRan illegal gambling, or was involved in dog fighting or cockfightingVerified
- Contraband CigarettesTrafficked untaxed cigarettes or smokeless tobaccoVerified
- Bribery Involving Benefit Plans or UnionsPaid or took a bribe involving a union or employee benefit planVerified
- False Benefit Plan and Union RecordsFalsified or failed to keep benefit plan, union or audit recordsVerified