The tables have turned on Rudy Giuliani.

A law that Giuliani revolutionized as a mob-busting U.S. attorney years ago is now being used against him at the state level.

The statute is known as the Racketeer Influenced and Corrupt Organizations, or RICO, law.


What You Need To Know

  • Monday’s indictment of former President Donald Trump, Rudy Giuliani and others in Atlanta accuses them of violating Georgia’s RICO statute by engaging in a criminal enterprise to reverse Trump’s 2020 defeat in the state.
  • Biographer Andrew Kirtzman says Giuliani famously used the relatively new federal RICO statute, on which the Georgia racketeering law is modeled, in the 1980s to go after the mob
  • On Tuesday, Giuliani defended his efforts in Georgia, saying on his radio show that he "was protected by the fact I was defending [Trump]"
  • Monday’s indictment comes two weeks after Giuliani was identified as unindicted “Co-Conspirator 1” in a federal case against Trump, focused on a broader alleged effort to overturn President Joe Biden’s 2020 victory

Monday’s indictment of former President Donald Trump, Giuliani and others in Atlanta accuses them of violating Georgia’s RICO statute by engaging in a criminal enterprise to reverse Trump’s 2020 defeat in the state.

The RICO charge is just one of 13 counts Giuliani faces overall in Fulton County — the same number as Trump.

The indictment says Giuliani leaned on Georgia lawmakers to appoint a fake slate of presidential electors. It says Giuliani was part of a conspiracy to commit forgery. And he is charged with knowingly making false statements about election fraud to officials at public hearings.

Topping the list of charges, though, is the RICO count.

Andrew Kirtzman, who is the author of two books about the man once dubbed "America's Mayor," says Giuliani famously used the relatively new federal RICO statute, on which the Georgia racketeering law is modeled, in the 1980s to go after the mob.

“Giuliani took enormous pride in revolutionizing the use of RICO and putting the Five Family member heads in prison because of it,” Kirtzman said.

“The fact that he is now the subject of a RICO indictment is not just an irony, but it's a devastating blow to his legacy,” he added.

On his radio show Tuesday on 77 WABC, Giuliani defended his efforts in Georgia.

“The people who brought the case yesterday unfortunately are the criminals. The people charged are the people that are fighting for American freedom, for an America like we used to have. An America where we had fair elections,” Giuliani said.

“I never thought I'd ever get indicted for being a lawyer. I thought when I was doing this I was protected by the fact I was defending him,” he added.

As the RICO case plays out, expect the defendants to try to stir doubt about the intent of their actions, says John Acevedo, a visiting associate professor at Emory University School of Law in Atlanta.

“You have to prove it was for the purpose of — as she set it up — the purpose of subverting the election. And they could simply start to argue this is politicking,” Acevedo said.

In Georgia, RICO charges can lead to prison time and fines. Legal experts speculate that the Fulton County district attorney could be using the threat of such punishment to convince some of the lesser-known of the 19 defendants to flip and become state witnesses.

Giuliani is not expected to be one of them.

Monday’s indictment comes two weeks after Giuliani was identified as unindicted “co-conspirator 1” in a federal case against Trump, focused on a broader alleged effort to overturn President Joe Biden’s 2020 victory.