Once you realize that you understand the rest of your argument is not applicable.
Basic axiom is that the criminal is not allowed to profit from his crime. Another axiom is that it is not sound public policy to discourage folks from ratting out criminal behavior.
But remember, you are dealing with Holder’s Justice department. They are probably looking at RICO as a possible way to force Okeefe to plead guilty to the lesser charges (and to force him to plead guilty in Maryland).