Not maybe. The Trumps and Bayrock were required to report Sater’s felony once they had knowledge of it. A material omission intentionally violates financial covenants to disclose.
Concealing the felony and using it to earn additional profits demonstrates motive and opportunity to participate in a crime of fraud.
But because RICO’s bar of liability is set so low, merely participating in the enterprise is enough to bring charges.
So, for example, Rhoda Graff, Trump’s private Secretary. She transmitted his messages. She participated in the conspiracy. Could be convicted of a felony! Prosecutors use that long arm of the law to get all of the minor players and take down bosses. Mob bosses.
The Trumps perpetrated a RICO predicate act, bank fraud.
That’s more than simple conspiracy.