Colorado has its own state-level RICO statute known as the Colorado Organized Crime Control Act (COCCA). Like the federal RICO law, COCCA allows state prosecutors to pursue criminal masterminds who run illegal organizations.
In this article, I break down what COCCA is, how it compares to federal RICO, and how state prosecutors are using COCCA today.
The Federal RICO Act
To understand Colorado’s law, you first need to understand the federal law that inspired it. In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations (RICO) Act.
Before RICO, it was incredibly difficult to prosecute the bosses of organized crime families. A mob boss could order a hit, bribe a judge, or run an extortion ring, but because they never personally committed the physical crime, they often escaped justice.
RICO changed everything. It made it unlawful to participate in an “enterprise” through a “pattern of racketeering activity.” This allowed federal prosecutors to link multiple crimes together and hold the leaders accountable for the actions of the entire group.1
Colorado’s Answer: The Organized Crime Control Act (COCCA)
In 1981, Colorado enacted its own version of RICO in the form of the Colorado Organized Crime Control Act (COCCA). While federal RICO targets national or international crime syndicates, COCCA targets state-level criminal organizations.
Under COCCA, it is unlawful for you to:
- Knowingly use money earned through a pattern of racketeering to invest in a business or real estate;
- Maintain an interest in or control over an enterprise through a pattern of racketeering; or
- Be employed by or associated with an enterprise and conduct its affairs through a pattern of racketeering.
In plain English, COCCA allows Colorado district attorneys to take minor, individual crimes—like selling drugs or stealing cars—and upgrade them to massive racketeering charges if they can prove you were working as part of an organized group.2
What Prosecutors Must Prove Under COCCA
To secure a COCCA conviction, Colorado prosecutors cannot just prove that you committed a crime. They must prove these two specific elements of racketeering:
1. There Was An “Enterprise”
An enterprise can be a legitimate legal entity (like a corporation or a partnership) or an informal group of people who simply associate with one another to commit crimes (like a street gang or a drug distribution ring).
2. There Was a “Pattern of Racketeering Activity”
This is the most critical element. A “pattern” means committing at least two connected criminal acts (called “predicate acts”) within 10 years of each other. Predicate acts in Colorado include major felonies like murder, kidnapping, and robbery, but also crimes like drug trafficking, wire fraud, identity theft, and extortion.3
COCCA vs. RICO
Historically, federal courts require prosecutors to prove a strict “continuity” among the crimes to qualify as a RICO pattern. However, the Colorado Supreme Court ruled that COCCA is actually broader than the federal law.
The Court stated that Colorado prosecutors only need to prove that the two criminal acts are related to the enterprise; they do not have to prove the strict federal “continuity” element. This makes it slightly easier to be convicted under COCCA than under federal RICO.4
COCCA Today: Not Just for the Mafia
COCCA is not just used for traditional “mobsters.” Colorado prosecutors use it to dismantle auto-theft rings, human trafficking operations, financial fraud scams, and even groups that harass public officials.
A perfect example of how broadly COCCA can be applied is the 2026 appellate case, People v. Nalty. Here, the defendant and his associates formed an enterprise that engaged in a long-term pattern of retaliating against Colorado judges and public servants. Nalty was indicted and convicted by a jury under COCCA for his racketeering activity, alongside 39 other criminal counts, including criminal extortion and attempting to influence public servants.
Nalty appealed, arguing that his sentences for the individual extortion crimes and the overarching COCCA violation were unfairly stacked on top of each other (consecutive sentences). The Colorado Court of Appeals upheld the heavy consecutive sentences, confirming that participating in a criminal enterprise is a separate, distinct danger to society, and the courts can strictly punish defendants for both the enterprise and the individual crimes they committed for it.5
Penalties for Violating COCCA
In Colorado, a COCCA violation is a class 2 felony. This carries eight to 24 years in state prison (plus 3 years of mandatory parole) and fines of $5,000 to $1,000,000.
Furthermore, the state can seize any property, cars, homes, or money that you acquired through the criminal enterprise. This is known as asset forfeiture.
COCCA is not just a criminal statute; it is also a civil law. Any private citizen or business that has been financially injured by your racketeering activity can sue you in civil court.
If the victim wins, the judge can award them treble damages (three times the amount of money they actually lost), plus the cost of their attorney’s fees. This makes civil COCCA an incredibly powerful tool in business disputes and fraud lawsuits in Colorado.6
Frequently Asked Questions
Can a legitimate business be charged under COCCA?
Yes. A fully legal and registered corporation can be considered a criminal “enterprise” under COCCA if its executives or employees use the business structure to conduct a pattern of illegal activity, such as systemic fraud, embezzlement, or money laundering.
Is a COCCA charge worse than a regular felony charge?
Yes, it is almost always worse. COCCA is a class 2 felony, which is the second-most severe crime class in Colorado (just below class 1 felonies like first-degree murder). Because COCCA charges stack on top of the underlying crimes, you can face decades in prison for non-violent offenses that normally carry much lighter sentences.
Can I be charged with COCCA if I did not know about the whole criminal ring?
To be convicted, prosecutors must prove you knowingly participated in the enterprise’s affairs. However, you do not need to know every single member of the enterprise or know about every single crime they committed. If you knew you were participating in an ongoing illegal operation and committed two predicate acts to help it, you could be convicted.
What is the statute of limitations for COCCA in Colorado?
Because COCCA is a felony, prosecutors generally must file charges within three years of discovering the crime. However, because racketeering is an ongoing activity, this legal clock often does not start ticking until the very last predicate crime is committed by the enterprise.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Organized Crime, Transit Crime, and Racketeering – Crime and Justice
- Racketeering and the Federalization of Crime – American Criminal Law Review
- Anti-Racketeering Legislation in America – American Journal of Comparative Law
- Rape as a Violent Crime in Aid of Racketeering Activity – Law & Psychology Review
