18 U.S.C. § 1959 – Violent Crimes in Aid of Racketeering Activity (VICAR)

18 U.S.C. § 1959, commonly known as the VICAR statute, makes it a federal crime to commit violent acts for the purpose of maintaining or increasing one's position in a racketeering enterprise.

VICAR stands for Violent Crimes in Aid of Racketeering Activity. It is frequently charged alongside violations of the Racketeer Influenced and Corrupt Organizations Act (RICO).

Federal prosecutors use this statute in cases involving:

Street gangs
Organized crime groups
Drug trafficking organizations
Multinational criminal enterprises
Firearm-related gang violence

A conviction under 18 U.S.C. § 1959 can carry penalties ranging from years in federal prison to life imprisonment or the death penalty.

If you are under federal investigation for VICAR or RICO charges, immediate legal representation is critical.

Your best chance for a favorable outcome is with an experienced California criminal defense attorney at the Hedding Law Firm. To schedule a consultation, call (866) 986-2092 or use the contact form here.

What Does 18 U.S.C. § 1959 Prohibit?

The VICAR statute criminalizes violent acts committed:

As consideration for receiving something of value from a racketeering enterprise;
Or for gaining entrance into or maintaining or increasing a position in such an enterprise.

The government must prove the violent crime was committed to further the interests of a criminal organization.

What Violent Crimes Are Covered?

Under 18 U.S.C. § 1959, it is illegal to commit or attempt to commit any of the following in support of a racketeering enterprise:

Murder
Kidnapping
Maiming
Assault with a dangerous weapon
Assault resulting in serious bodily injury
Threats of violence
Conspiracy or attempt to commit any of the above

The statute applies even if the violent act violated state law, as long as it was connected to a racketeering enterprise.

What Is a Racketeering Enterprise?

A racketeering enterprise typically refers to an organized group engaged in ongoing criminal activity.

Examples include:

Drug trafficking organizations
Organized street gangs
Criminal syndicates
Corrupt business entities

VICAR charges are often filed alongside RICO charges under 18 U.S.C. § 1962.

The prosecution must prove the enterprise engaged in racketeering activity, such as:

What Must the Government Prove?

To convict someone under 18 U.S.C. § 1959, federal prosecutors must prove beyond a reasonable doubt:

A racketeering enterprise existed;
The enterprise was engaged in racketeering activity.
The defendant committed, attempted, or conspired to commit a violent crime;
The violent act was committed to gain entrance into, maintain, or increase a position within the enterprise.

Intent is a critical element.

The violent act must be connected to the racketeering enterprise—not merely coincidental.

VICAR vs. RICO

While RICO targets participation in an enterprise through a pattern of racketeering activity, VICAR specifically targets violent acts committed in furtherance of that enterprise.

In many cases:

RICO addresses the broader criminal enterprise.
VICAR addresses the violent enforcement arm of that enterprise.

VICAR charges often increase sentencing exposure significantly.

Penalties Under 18 U.S.C. § 1959

Penalties depend on the underlying violent offense.

Attempt or Conspiracy to Commit Assault

Up to 3 years in federal prison.

Attempt or Conspiracy to Commit Murder or Kidnapping

Up to 10 years in federal prison.

Assault with a Dangerous Weapon

Up to 20 years in prison.

Maiming

Up to 30 years in prison.

Kidnapping

Up to life in prison.

Murder

Life imprisonment or the death penalty.

Fines of up to $250,000 may also apply.

Sentences may increase if firearms are involved or if other federal statutes apply.

Common VICAR Cases

VICAR is frequently charged in:

Gang-related shootings
Retaliatory assaults
Contract killings
Drug territory enforcement violence
Organized crime disputes

Federal authorities often rely on:

Cooperating witnesses
Wiretap evidence
Social media evidence
Firearm forensics

Defenses to VICAR Charges

An experienced federal criminal defense attorney may pursue several strategies.

No Racketeering Enterprise

The defense may argue the alleged organization does not meet the legal definition of a racketeering enterprise.

No Intent to Maintain or Increase Position

The government must prove the violent act was committed for the purpose of advancing within the enterprise.

If the act was personal or unrelated, VICAR may not apply.

No Connection to Racketeering Activity

The violent offense must further racketeering activity.

If the act was independent of enterprise goals, the VICAR charge may fail.

Mistaken Identity

Many VICAR cases rely heavily on witness testimony or cooperating defendants.

Challenging identification, credibility, and reliability may weaken the case.

Lack of Proof Beyond a Reasonable Doubt

Federal prosecutors must prove every element. If the evidence does not establish enterprise involvement or intent, the charge cannot stand.

Frequently Asked Questions About VICAR

What is VICAR?

VICAR is a federal law that criminalizes violent crimes committed to further or maintain position within a racketeering enterprise.

Is VICAR always charged with RICO?

Often, but not always. VICAR charges frequently accompany RICO indictments in organized crime cases.

Does the violent act have to be successful?

No. Attempted or conspired violent acts may also result in VICAR charges.

What is the maximum penalty?

Penalties range from up to 3 years for certain attempts to life imprisonment or the death penalty for murder.

Can state charges also apply?

Yes. Defendants may face both federal VICAR charges and related state criminal charges.

Federal Defense for 18 U.S.C. § 1959 Charges

VICAR cases are complex, high-exposure federal prosecutions that often involve multiple defendants, extensive wiretap evidence, and cooperating witnesses.

Federal investigations may involve:

FBI
ATF
DEA
United States Attorney's Office

If you are under investigation or indicted for Violent Crimes in Aid of Racketeering, immediate legal representation is essential.

An experienced federal criminal defense attorney can analyze enterprise allegations, challenge proof of intent, and aggressively defend your rights in federal court.

Early intervention can significantly impact the outcome of a VICAR prosecution.

The Hedding Law Firm is here to help. Schedule your consultation today. Our law firm is based in Los Angeles, CA

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Racketeering Activity