When does organized crime become a federal crime vs a state or local crime?

Question

This is for a class and I'm having trouble finding information. Thank you!

Ok, I'll add a brief scenario. Small town has three people in custody for check fraud which in Texas constitutes organized crime. Is this crime automatically a federal crime or does it stay at the state level.

Or does the victim have to submit to the RICO Act in order for it to become federal?

Answer 1

try looking up the Rico Act


http://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act

Answer 2

Overall, it's a federal offense when they've broken a federal statute; however, in most cases, they've also violated a local/state statute and it is only if the FBI takes over an investigation (such as, if the local case involves rampant corruption, or it has some material value to a separate case they already are involved in) that they are actually charged with a federal crime.

In most cases, the FBI takes over organized crime because the local PDs don't have the funding/resources to appropriately handle the case, or because the investigation crosses state lines. ANY crime that involves crossing state lines automatically becomes a federal crime, regardless of what it is.

Check fraud is an exception to that overall rule - banks are insured by the federal government (the FDIC everyone talks about); ANY type of fraud involving a bank - check scams, etc - will automatically become a federal case.

Answer 3

Any type of organized crime can be handled by the F.B.I.
Most organized crime that is handled "in-state", is handled that way because the state hasn't involved the feds, and doesnt want to.

Answer 4

Becomes federal when it breaks a federal law.

Answer 5

I think it has to involve interstate commerce or federal statutes.