What grounds ?
From Wikipedia:
“Under the law, racketeering activity means:
* Any violation of state statutes against gambling, murder, kidnapping, extortion, arson, robbery, bribery, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in the Controlled Substances Act);
* Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and several other offenses covered under the Federal criminal code (Title 18);
* Embezzlement of union funds;
* Bankruptcy fraud or securities fraud;
* Drug trafficking; long-term and elaborate drug networks can also be prosecuted using the Continuing Criminal Enterprise Statute;
* Money laundering and related offenses;
* Bringing in, aiding or assisting aliens in illegally entering the country (if the action was for financial gain);
* Acts of terrorism.
Pattern of racketeering activity requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity. The U.S. Supreme Court has instructed federal courts to follow the continuity-plus-relationship test in order to determine whether the facts of a specific case give rise to an established pattern. Predicate acts are related if they “have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events.” (H.J. Inc. v. Northwestern Bell Telephone Co.) Continuity is both a closed and open ended concept, referring to either a closed period of conduct, or to past conduct that by its nature projects into the future with a threat of repetition.”
Extortion, wiretapping, and defamation of a target in such a way as to deprive them massively is considered an offense under RICO. Also, Okeefe can be charged with extortion and blackmail, as well as illegal videographing. Even though Okeefe did not recieve any money from ACORN, ACORN can go to court and prove that Okeefe caused criminal and civil damage to them (With Holder in their corner, this is probable). The fact that O’Keefe continued this activity, and advertised it, and attained money and fame from it, would constitute a racket under federal law (as ludicrous as it seems)