Understanding RICO: The Legal Weapon Against Organized Crime

By Daniel Brunner | Chief Operating Officer | Brunner Sierra Group

The Tren de Aragua Takedown and Why RICO Matters

In April 2025, U.S. federal prosecutors charged 27 alleged members and associates of the Venezuelan gang Tren de Aragua (TdA) under the Racketeer Influenced and Corrupt Organizations Act (RICO), marking a historic first for this statute’s application to the notorious group. The indictment includes charges for murder, sex trafficking, drug distribution, firearms offenses, and more—unveiling a brutal criminal enterprise operating in the U.S. and abroad (DOJ, 2025).

Attorney General Pam Bondi stated, “This is a transnational gang that terrorizes communities with violence, extortion, and exploitation.” For law enforcement and analysts who have tracked TdA’s rise from South American prisons to North American streets, this indictment is more than symbolic—it’s a statement that the U.S. will deploy its most powerful legal tools against global crime networks. Readers may wonder how one law can capture so many crimes. That’s where RICO stands apart.

Origins of RICO and Its Expanding Reach

RICO, enacted in 1970, was designed to prosecute the Mafia by dismantling its leadership structure and holding its commanders accountable for crimes committed by subordinates. Under 18 U.S. Code § 1961–1968, RICO enables prosecutors to bring charges against individuals involved in a “pattern of racketeering activity,” defined as two or more criminal acts within a 10-year period as part of an enterprise (Legal Information Institute).

While its original targets were Cosa Nostra families, RICO’s flexibility has allowed its expansion to street gangs, drug cartels, corrupt unions, and even terrorist organizations. This legal evolution has empowered federal prosecutors to pursue complex networks that traditional state charges could never fully encapsulate. Its real power lies in treating the entire enterprise as the criminal entity, not just individual acts.

MS-13 and RICO’s Real-World Effectiveness

The power of RICO became evident in cases like those I worked on in New Jersey involving MS-13, a gang known for brutal violence and a rigid hierarchy. In one major case, federal prosecutors used RICO to convict multiple MS-13 leaders for conspiracy to commit murder, extortion, and drug trafficking—offenses committed over years across different boroughs and towns (DOJ, 2021).

Without RICO, prosecutors would have had to try each crime separately, making it difficult to prove the broader enterprise. RICO lets us tell the full story—a mosaic of violence, threats, and manipulation—under one umbrella. That ability to paint a complete picture of a gang’s activity is why RICO remains one of the most powerful tools in a prosecutor’s arsenal. It connects seemingly unrelated crimes back to a single network with intent, direction, and profit.

Operation Mousetrap

In 2016, I was the case agent of Operation Mousetrap, an FBI-led task force that brought down eight high-ranking members of the Plainfield Locos Salvatrucha (PLS), a particularly violent MS-13 clique operating in New Jersey. Over the course of a lengthy and high-stakes investigation, we coordinated with local police departments, the New Jersey State Police, HSI, DEA, and the U.S. Attorney’s Office to build a case that exposed the gang’s brutal tactics. These members were charged with a litany of crimes, including five homicides, attempted murder, drug trafficking, weapons offenses, witness intimidation, and conspiracy to commit violent racketeering acts. Their methods were ruthless—ranging from machete attacks to coordinated killings aimed at eliminating rivals and silencing informants.

The investigation spanned multiple states and even crossed borders, ultimately leading to the arrest of Santos Reyes-Villatoro “Mousey” and numerous members of his clique including Walter Yovanny Gomez “Cholo”, one of the FBI’s Top Ten Most Wanted fugitives at the time. During the 16-week trial, we laid out a clear narrative that showed MS-13’s iron grip on the local immigrant community and how Operation Mousetrap dismantled their leadership. Watching the court sentence several of them, including Reyes-Villatoro, Mario Oliva “Zorro”, and Hugo Palencia “Taliban”, to life in prison was a definitive win in our ongoing war against transnational gang violence.

Why RICO Surpasses State Charges

Compared to state-level charges like assault, drug possession, or weapons offenses, RICO offers sweeping prosecutorial advantages. It consolidates charges, brings higher penalties, and allows for the seizure of assets linked to criminal activity. This federal approach is especially valuable when criminal enterprises operate across state lines or internationally, as is the case with TdA, whose members have surfaced in New York, Florida, Texas, and beyond (Reuters, 2025).

RICO also encourages interagency cooperation—linking FBI agents, financial experts, and local law enforcement in a joint mission. Its versatility and muscle make it a superior tool for dismantling organized crime from the top down. In short, it’s not about isolated crimes—it’s about stopping the entire machine behind them.

The Time, Complexity, and Scope of RICO Cases

Still, RICO cases are not fast or simple. Investigators must document a consistent pattern of criminal activity, which often means years of surveillance, undercover operations, and intelligence gathering. In my experience, a single RICO case can take two to four years to build before even reaching indictment. Trials are lengthy and heavily contested. Defense attorneys frequently challenge the scope of the enterprise and the admissibility of evidence.

Prosecutors must prove not just that crimes occurred, but that they were coordinated as part of a criminal structure. It’s not uncommon for these cases to require dozens of witnesses, thousands of documents, and expert testimony from law enforcement veterans. But when successful, they can collapse an entire gang’s leadership in one blow.

A Modern Weapon Against Global Criminal Networks

The federal takedown of Tren de Aragua using RICO is more than just a legal milestone—it’s a signal that the U.S. justice system is evolving to confront 21st-century threats with 20th-century tools, repurposed for modern battlefields. As criminal networks adapt and expand globally, so too must our legal response. RICO remains one of the most comprehensive weapons in that fight.

From my time working MS-13 cases in Newark to following emerging threats like TdA, I can attest that without RICO, many criminal empires would still be standing. For policymakers, prosecutors, and the public, understanding RICO is crucial—because in an age of transnational crime, it may be the last line of legal defense. Deportations is a good, short term, solution, but RICO is the answer needed to identify the entire network these criminal groups utilize.