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Nevada’s racketeering laws extend well beyond traditional organized crime. They apply to certain patterns of criminal conduct involving businesses, criminal syndicates, unlawful proceeds, and other activities specified by statute.
The applicable provisions are found in NRS 207.350 to NRS 207.520. Two of these provisions are especially significant: NRS 207.390 defines racketeering activity; and NRS 207.400 lists prohibited conduct and provides criminal penalties.
Under NRS 207.390, racketeering activity involves at least two qualifying crimes that share characteristics such as similar methods, intentions, results, victims, or accomplices, or are otherwise meaningfully connected.
The offenses must not be isolated incidents. At least one must have occurred after July 1, 1983, and the last must have occurred within five years after a prior qualifying crime.
The five-year period is part of the statutory definition of racketeering activity, not a general five-year statute of limitations for prosecution.
NRS 207.360 lists many different types of crimes that can be considered racketeering. These include:
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Attempts and conspiracies to commit listed offenses may also qualify under the statute.
However, not every criminal offense is a racketeering predicate, and not every pair of qualifying crimes establishes racketeering activity.
NRS 207.400 establishes several distinct offenses involving racketeering and criminal syndicates.
The prohibited conduct includes investing certain racketeering proceeds in property or enterprises, acquiring control of an enterprise through racketeering, participating in enterprise affairs through racketeering activity, and intentionally organizing or financing a criminal syndicate.
Other provisions address knowingly facilitating specified criminal objectives, certain property transfers, transactions involving unlawful proceeds, and conspiracy to violate NRS 207.400.
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The required mental state differs between provisions. For example, furnishing advice or assistance to a criminal syndicate under subsection (1)(f) requires an intent to promote or further its criminal objectives.
Simply knowing someone accused of racketeering does not automatically establish a violation.
A violation of NRS 207.400 is a Category B felony, punishable by:
Under NRS 207.410, the court may impose an alternative fine of up to three times the greater of the defendant’s gross financial gain or qualifying loss caused by the violation. Additional costs may apply.
Nevada allows for the forfeiture of some assets related to racketeering; however, this is done through a process that includes statutory requirements and protections. NRS 207.420 deals with criminal forfeiture, whereas NRS 207.460 deals with civil forfeiture. In addition, there are times when property can be seized prior to the conclusion of the criminal case.
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Additionally, NRS 207.470 allows qualifying persons injured in their business or property by a violation of NRS 207.400 to pursue three times their actual damages, along with certain legal expenses.
A defense is based upon which subsection of the law is charged. Questions that may be relevant to your defense include: Does the alleged conduct qualify under NRS 207.360? Is there a legally sufficient pattern? Can prosecutors prove the required knowledge, intent, or participation?
Evidence involving business transactions, communications, financial records, and alleged associations must be evaluated in light of those requirements.
Nevada racketeering law differs from federal RICO under 18 U.S.C. §§ 1961–1963. For federal investigations, penalties, and defense strategies, see our Las Vegas RICO defense lawyer page.
Attorney Nick Wooldridge represents individuals facing serious Nevada and federal criminal allegations. Contact LV Criminal Defense at (702) 623-6362 to discuss your case.
NRS 207.390 and 207.400: Nevada Racketeering Laws