The Colorado Organized Crime Act (COCCA) is a state law that (like the federal RICO statute) prohibits racketeering activities such as money laundering, drug rings or gambling rings. Violating COCCA is a class 2 felony punishable by 8 to 24 years in prison and up to $1 million in fines.
This chart compares COCCA with the federal RICO statute:
Colorado’s COCCA Law | Federal RICO Law | |
Purpose and Scope | Targets criminal enterprises within Colorado | Targets organized crime across state lines |
Jurisdiction | Limited to the state of Colorado | Applies nationwide |
Enforcement | Handled by state prosecutors in state courts | Conducted by federal agencies in federal courts |
Definition | Racketeering, deriving proceeds or a real property interest from racketeering, or conspiring/attempting to racketeer. | Racketeering, deriving proceeds or a real property interest from racketeering, or conspiring/attempting to racketeer. |
Criminal penalties |
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In this article, our Denver Colorado criminal defense lawyers will address:
- 1. What is the Colorado Organized Crime Control Act?
- 2. What are prohibited activities?
- 3. What is racketeering?
- 4. What are the penalties for racketeering?
- 5. Is racketeering a federal offense?
- 6. What are defenses to racketeering charges?
- 7. Related Offenses
1. What is the Colorado Organized Crime Control Act?
The Colorado Organized Crime Control Act (COCCA) is a set of statutes prohibiting the types of criminal activity by organized crime and other criminal enterprises. This includes
- gambling,
- loan-sharking,
- fencing stolen property,
- drug distribution, and
- other forms of social exploitation.
The purpose of the COCCA is to:
“seek the eradication of organized crime in this state by strengthening the legal tools in the evidence-gathering process, by establishing new penal prohibitions, and by providing enhanced sanctions and new remedies to deal with the unlawful activities of those engaged in organized crime.”1
2. What are prohibited activities?
Under C.R.S. 18-17-104, the COCCA specifies a number of prohibited activities. It is unlawful to:
- Knowingly receive or derive proceeds from a pattern of racketeering activity or through the collection of an unlawful debt;
- Through a pattern of racketeering activity or the collection of an unlawful debt, to knowingly acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property;
- To knowingly conduct or participate, directly or indirectly, in any enterprise through a pattern of racketeering activity or the collection of an unlawful debt; or
- Conspire or endeavor to violate any of these racketeering provisions.
In general, any participation in racketeering activity is prohibited.2
3. What is racketeering?
Racketeering refers to several criminal activities specified under state and federal law.
A “pattern of racketeering activity,” means engaging in at least two of the specified racketeering activities within 10 years.2 This includes
- state criminal acts and
- federal criminal acts.3
The Colorado criminal acts that are considered racketeering activities include:
- Murder
- Manslaughter
- Assault
- Menacing
- Criminal extortion
- Kidnapping
- Human trafficking
- Arson
- Burglary
- Robbery
- Motor vehicle theft
- Criminal mischief
- Computer crimes
- Forgery
- Felony charitable fraud
- Money laundering
- Bribery in sports
- Criminal impersonation
- Credit card fraud
- Identity theft
- Sexual exploitation of children
- Pandering
- Pimping
- Bribery
- Attempt to influence a public servant
- Perjury
- Intimidating a juror
- Tampering with a witness or victim
- Gambling
- Possessing an illegal weapon or a dangerous weapon
- Extortionate extension of credit
- Securities offenses
- Drug crimes
- Unauthorized use of a motor vehicle
4. What are the penalties for racketeering?
Engaging in a prohibited racketeering activity is a class 2 felony. The penalties for a class 2 felony in Colorado include
- 8 to 24 years in prison and
- a fine of $5,000 to $1 million.
There is also a mandatory 5-year parole period for class 2 felonies. If you have already been convicted of a felony, you will be ineligible to get a fine instead of incarceration.
In addition, you will have to forfeit to the state any interest you have acquired in violation of the state racketeering laws. Finally, a racketeering conviction may also make you liable for three times the value of any property damage or loss caused.4
5. Is racketeering a federal offense?
Racketeering and organized crime activity may lead to federal criminal charges in addition to Colorado criminal charges. The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law aimed at organized crime activity.
Under RICO, it is unlawful to:
- Invest proceeds obtained from racketeering;
- Acquire an interest in a racketeering enterprise; or
- Participate in an enterprise carrying out racketeering.5
If you are part of a criminal enterprise that has committed at least two of 35 specified crimes within a 10-year period, you may be convicted under RICO in federal court.
RICO charges can include a sentence of up to 20 years in federal prison for each count. If the criminal enterprise is engaged in a racketeering activity that carries life imprisonment, such as murder, the penalties can be increased to life in prison.
In addition, you face:
- fines of up to $250,000 (or double the racketeering proceeds),
- restitution, and
- possible civil liability.
6. What are defenses to racketeering charges?
There may be several possible legal defenses to Colorado racketeering charges. This includes:
- The racketeering activities are not related
- There was no continuous racketeering activity
- There was no criminal enterprise
- The police committed misconduct in the investigation
- You lacked criminal intent
- You were the victim of a false identification
7. Related Offenses
Money Laundering C.R.S. 18-5-309
Under Colorado law, money laundering involves moving money around to try and evade the government’s ability to track the source of the funds. Money laundering may be used to hide money that was embezzled from an employer.
Money laundering is a class 3 felony, and the penalties include
- 4 to 12 years in prison and
- fines of up to $750,000.
Extortion C.R.S. 18-3-207
Criminal extortion in Colorado is threatening someone in order to get that person or another to do something, or refrain from doing something, against their will. Extortion is commonly called “blackmail.”
Extortion is a class 4 felony. Penalties include
- 2 to 6 years in prison and
- a fine of up to $500,000.
Bribery C.R.S. 18-8-302
In Colorado, offering money or other benefits to a public official to influence their actions is bribery. Offering a bribe or asking for a bribe is a felony.
The penalties for bribery of a public official include
- up to 12 years in prison and
- a fine of up to $750,000.
Legal References
- C.R.S. 18-17-102 – Legislative Declaration.
The general assembly hereby finds that organized crime in the state of Colorado, as well as nationwide, is a highly sophisticated, diversified, and widespread activity that annually consumes millions of dollars locally and billions of dollars nationally from this state’s and the nation’s economy through unlawful conduct and the illegal use of force, fraud, and corruption. Organized crime derives a major portion of its power through money procured from such illegal endeavors as syndicated and organized gambling, loan-sharking, the theft of property and fencing of stolen property, the illegal importation, manufacture, and distribution of drugs and other controlled substances, and other forms of social exploitation. This money and power are increasingly being used to infiltrate and corrupt legitimate business and labor organizations and to subvert and corrupt our democratic processes. Organized crime activities within this state weaken the stability of this state’s and the nation’s economy, harm innocent investors and competing organizations, impede free competition, threaten the peace and health of the public, endanger the domestic security, and undermine the general welfare of the state and its citizens. The general assembly further finds that organized crime continues to grow and flourish because of defects in the evidence-gathering process of the law which inhibits the development and use of the legally admissible evidence necessary to bring criminal and other sanctions or remedies to bear on the unlawful activities of those engaged in organized crime and because the sanctions and remedies presently available to the state are unnecessarily limited in scope and impact. Therefore, the general assembly declares that it is the purpose of this article to seek the eradication of organized crime in this state by strengthening the legal tools in the evidence-gathering process, by establishing new penal prohibitions, and by providing enhanced sanctions and new remedies to deal with the unlawful activities of those engaged in organized crime.
- See, for example: People v. Butler (2017) 454 P.3d 280; People v. McGlotten, (Colo. App., 2007) 166 P.3d 182.
C.R.S. 18-17-103(3) – Definitions.As used in this article 17, unless the context otherwise requires:
(1) “Documentary material” means any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other functionally similar tangible item.
(2) “Enterprise” means any individual, sole proprietorship, partnership, corporation, trust, or other legal entity or any chartered union, association, or group of individuals, associated in fact although not a legal entity, and shall include illicit as well as licit enterprises and governmental as well as other entities.
(3) “Pattern of racketeering activity” means engaging in at least two acts of racketeering activity which are related to the conduct of the enterprise, if at least one of such acts occurred in this state after July 1, 1981, and if the last of such acts occurred within ten years (excluding any period of imprisonment) after a prior act of racketeering activity.
(4) “Person” means any individual or entity holding or capable of holding a legal or beneficial interest in property.
(5) “Racketeering activity” means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit:
(a) Any conduct defined as “racketeering activity” under 18 U.S.C. 1961(1)(A), (1)(B), (1)(C), and (1)(D); or
(b) Any violation of the following provisions of the Colorado statutes or any criminal act committed in any jurisdiction of the United States which, if committed in this state, would be a crime under the following provisions of the Colorado statutes:
(I) Offenses against the person, as defined in sections 18-3-102 (first degree murder), 18-3-103 (second degree murder), 18-3-104 (manslaughter) , 18-3-202 (first degree assault), 18-3-203 (second degree assault), 18-3-204 (third degree assault), 18-3-206 (menacing) , 18-3-207 (criminal extortion), 18-3-301 (first degree kidnapping), 18-3-302 (second degree kidnapping), 18-3-503 (human trafficking for involuntary servitude), and 18-3-504 (human trafficking for sexual servitude);
(II) Offenses against property, as defined in sections 18-4-102 (first degree arson), 18-4-103 (second degree arson), 18-4-104 (third degree arson), 18-4-105 (fourth degree arson), 18-4-202 (first degree burglary), 18-4-203 (second degree burglary), 18-4-301 (robbery), 18-4-302 (aggravated robbery), 18-4-401 (theft), 18-4-409 (motor vehicle theft), 18-4-409.5 (unauthorized use of a motor vehicle), and 18-4-501 (criminal mischief);
(III) Offenses involving cybercrime, as defined in article 5.5 of this title 18;
(IV) Offenses involving fraud, as defined in sections 18-5-102 (forgery) , 18-5-104 (second degree forgery), 18-5-105 (criminal possession of forged instrument), 18-5-109 (criminal possession of forgery devices), 18-5-110.5 (trademark counterfeiting), 6-16-111, C.R.S., (felony charitable fraud), 18-5-206 (defrauding a secured creditor or debtor), 18- 5-309 (money laundering), 18-5-403 (bribery in sports), 18-5-113 (criminal impersonation), 18-5-114 (offering a false document for recording), 18-5-702 (unauthorized use of a financial transaction device), 18-5-705 (criminal possession or sale of a blank financial transaction device), 18-5-706 (criminal possession of forgery devices), 18-5-707 (unlawful manufacture of a financial transaction device), 18-5-902 (identity theft), 18-5-903 (criminal possession of a financial device), 18-5-903.5 (criminal possession of an identification document), 18-5-904 (gathering identity information by deception), and 18-5-905 (possession of identity theft tools);
(V) Offenses involving the family relation, as defined in section 18-6-403 (sexual exploitation of children);
(VI) Offenses relating to morals, as defined in sections 18-7-102 (wholesale promotion of obscenity or promotion of obscenity), 18-7-203 (pandering) , 18-7-206 (pimping) , 18-7-402 (soliciting for child prostitution), 18-7-403 (pandering of a child), 18-7-404 (keeping a place of child prostitution), and 18-7-405 (pimping of a child);
(VII) Offenses involving governmental operations, as defined in sections 18-8-302 (bribery) , 18-8-303 (compensation for past official behavior), 18-8-306 (attempt to influence a public servant), 18-8-402 (misuse of official information), 18-8-502 (first degree perjury), 18-8-503 (second degree perjury), 18-8-603 (bribe-receiving by a witness), 18-8-606 (bribing a juror), 18-8-608 (intimidating a juror), 18-8-609 (jury-tampering), 18-8-610 (tampering with physical evidence), 18-8-703 (bribing a witness or victim), 18-8-704 (intimidating a witness or victim), and 18-8-707 (tampering with a witness or victim);
(VIII) Offenses against public peace, order, and decency, as defined in sections 18-9-303 (prohibited wiretapping) and 18-9-304 (prohibited eavesdropping);
(IX) Gambling, as defined in sections 18-10-103(2) (professional gambling), 18-10-105 (possession of a gambling device or record), 18-10-106 (transmission of receipt of gambling information), and 18-10-107 (maintaining gambling premises);
(X) Offenses relating to firearms and weapons, as defined in sections 18-12-102 (possessing an illegal weapon or a dangerous weapon), 18-12-107.5 (illegal discharge of a firearm), and 18-12-109 (possession, use, or removal of explosives or incendiary devices or the possession of components thereof);
(XI) Offenses involving the making, financing, or collection of loans, as defined in sections 18-15-102 (extortionate extension of credit), 18-15-104 (engaging in criminal usury), 18-15-105 (financing extortionate extensions of credit), 18-15-106 (financing criminal usury), 18-15-107 (collection of extensions of credit by extortionate means), and 18-15-108 (possession or concealment of records of criminal usury);
(XII) Fraud upon the department of revenue, as defined in section 39-21-118, C.R.S.;
(XIII) Securities offenses, as defined in sections 11-51-401 and 11-51-603 (registration of brokers and dealers), 11-51-301 and 11-51-603 (registration of securities), and 11-51-501 and 11-51-603 (fraud and other prohibited practices), C.R.S.;
(XIV) Offenses relating to controlled substances (part 1 of article 280 of title 12, part 2 of article 80 of title 27, and article 18 of this title 18);
(XV) Offenses relating to taxation, as defined in section 39-22-621, C.R.S.;
(XVI) Offenses relating to limited gaming, as defined in article 20 of this title 18 or article 30 of title 44; and
(XVII) Offenses relating to telecommunications crime as set forth in section 18-9-309.
(6) “Unlawful debt” means a debt incurred or contracted in an illegal gambling activity or business or which is unenforceable under state or federal law in whole or in part as to principal or interest because of the law relating to usury. - C.R.S. 18-17-103(5).
- C.R.S. 18-17-105 – Criminal Penalties.
(1) Any person convicted of engaging in activity in violation of the provisions of section 18-17-104 commits a class 2 felony and, upon conviction thereof, shall, in addition to the penalty provided for in section 18-1.3-401:
(a) Be fined not more than twenty-five thousand dollars; and
(b) Forfeit to the state any interest, including proceeds, he has acquired or maintained in violation of section 18-17-104 and any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise which has established, operated, controlled, conducted, or participated in the conduct of in violation of section 18-17-104.
(2) In lieu of the fine authorized by paragraph (a) of subsection (1) of this section, any person convicted of engaging in conduct in violation of the provisions of section 18-17-104, through which he derived pecuniary value, or by which he caused personal injury or property damage or other loss, may be sentenced to pay a fine that does not exceed three times the gross value gained or three times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.
(3) The court shall hold a hearing to determine the amount of the fine authorized by subsection (2) of this section.
(4) For the purposes of subsection (2) of this section, “pecuniary value” means:
(a) Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else, the primary significance of which is economic advantage; or
(b) Any other property or service that has a value in excess of one hundred dollars.
(5) In any action brought under this section, the district court may, at any time, enter such injunctions, prohibitions, or restraining orders, or take such actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to forfeiture under this section, as the court may deem proper.
(6) Upon conviction of a person under this section, the district court shall authorize the district attorney or the attorney general to seize all property or other interest declared forfeited under this section upon such terms and conditions as the court shall deem proper. The state shall dispose of all property or other interest seized under this section as soon as feasible, making due provision for the rights of innocent persons. If a property right or other interest is not exercisable or transferable for value by the state, it shall expire and shall not revert to the convicted person. The disposition of seized property shall be as follows:
(a) Any personal property which is required by law to be destroyed, or the possession of which is illegal, or which, in the opinion of the court is not properly the subject of a sale may be destroyed pursuant to a warrant for the destruction of personal property, issued by the district court, directed to the sheriff, and returned by the sheriff upon execution thereof. The district court shall stay the execution of any such warrant during the period in which the property is used as evidence in any pending criminal or civil proceeding.
(b) Any personal property seized and forfeited under the provisions of this section shall be sold by the sheriff in the manner provided for sales on execution. In lieu of ordering the sale of such property, the court may, if it finds that it can be used by a law enforcement agency, order it delivered to a law enforcement agency for such use.
(c) As to any real property, the district court shall enter a permanent order of abatement. The order of abatement shall direct the sheriff to sell such building or place and the ground upon which it is situated, to the extent of the interest, direct or indirect, of such person convicted under this section, at public sale in the manner provided for sales of property upon execution.
(d) The proceeds realized from such sales shall be applied as follows:
(I) To the fees and costs of sale;
(II) All costs and expenses of investigation and prosecution, including, but not limited to, costs of resources and manpower incurred in investigation and prosecution;
(III) The balance, if any, to the general fund of the state. - 18 U.S.C. 1961-1968.