The Colorado Organized Crime Control Act, C.R.S. §§ 18-17-101 et seq. (COCCA), is Colorado’s version of federal RICO. It’s not charged often, but when it is, it turns what might otherwise be a handful of misdemeanors or lower felonies into a single class 2 felony — one of the most serious classifications in the state.
What COCCA Actually Prohibits
COCCA doesn’t criminalize a single act — it criminalizes using a pattern of racketeering activity (at least two related predicate crimes, like fraud, extortion, or theft) in connection with an “enterprise.” Specifically, it’s unlawful to:
- Invest proceeds derived from a pattern of racketeering activity into an enterprise or real property
- Acquire or maintain an interest in an enterprise through a pattern of racketeering activity
- Conduct or participate in an enterprise through a pattern of racketeering activity (the most commonly charged version against individuals)
- Conspire or attempt to do any of the above
An “enterprise” can be a legitimate business, a corporation separate from the defendant, or even an informal association — and under Colorado case law, it must include at least the defendant and one other individual.
How COCCA Is Classified and Sentenced
A COCCA conviction is a class 2 felony, on top of the standard sentence. The court can also impose a fine of up to $25,000, order forfeiture of any interest gained through the racketeering activity, or — instead of the standard fine — impose a fine of up to three times the gross value gained or lost, whichever is greater.
Case Law That Shapes COCCA Defense
People v. Chaussee, 880 P.2d 749 (Colo. 1994): Colorado courts do not import the federal RICO “continuity and relatedness” tests wholesale. To prove a “pattern of racketeering activity,” the prosecution only needs at least two related acts of racketeering, as defined by the statute — a lower bar than its federal counterpart.
People v. Pollard, 3 P.3d 473 (Colo. App. 2000): When a defendant incorporates a separate entity, that corporation can itself be the “enterprise” under COCCA, distinct from the person engaged in the racketeering activity.
People v. Hoover, 165 P.3d 784 (Colo. App. 2006): Separate convictions for a COCCA violation and the underlying predicate offenses, based on the same conduct, do not violate double jeopardy — the legislature intended COCCA to stack on top of, not replace, the predicate crimes.
People v. McGlotten, 166 P.3d 182 (Colo. App. 2007): It’s not an equal protection violation for COCCA to punish a defendant with a class 2 felony even when the two underlying predicate offenses were only misdemeanors — the additional “enterprise” element serves a legitimate purpose of deterring organized criminal activity.
Possible Defenses
No qualifying “enterprise” — the prosecution must prove an enterprise distinct from just the defendant acting alone.
Fewer than two related predicate acts, or acts that aren’t sufficiently related in purpose, participants, or method to form a “pattern.”
No nexus between the predicate acts and the conduct of the enterprise’s affairs.
Challenging the underlying predicate offenses themselves — since COCCA is built entirely on proving those crimes occurred, defeating the predicates defeats the COCCA count too.
Charged Under COCCA?
A COCCA charge is one of the most serious enhancements in Colorado criminal law, turning multiple lesser offenses into a single class 2 felony. Mile High Legal defends complex white-collar and organized crime charges across Colorado. Call now for a free, confidential case review.
