Racketeering

The Racketeer Influenced and Corrupt Organizations Act (RICO Act) is federal legislation intended to punish senior members of organizations that racketeer, which means to carry out a criminal enterprise or do dishonest business. Specifically, under the RICO Act, it is illegal to either invest proceeds obtained from racketeering or to acquire an interest in a racketeering enterprise, or lead or participate in an enterprise carrying out racketeering.

The RICO Act was created to take down senior members of illegal groups such as gangs or the mafia as well as legal groups such as homeowners associations or trade unions that become corrupt.

Like other federal crimes, racketeering charges are investigated by large government agencies with virtually unlimited resources and time to build their cases. If you suspect that you may be charged or under investigation by the federal government for racketeering, it is critical that you contact me an experienced attorney such as myself as soon as possible.

Racketeering charges can be subject to strict sentencing guidelines and result in substantial prison terms, fines and restitution. In fact, a defendant in a RICO case may be subject to a civil lawsuit sued by any victims harmed by the defendant’s alleged racketeering activities. The judge in these ensuing civil suits may award “treble” damages, which are three times the victim’s losses. Moreover, a single charge under the RICO Act can prompt a separate civil RICO case against you. Therefore, the mere accusation, regardless of the evidence, can be very serious and do considerable damage to your reputation.

​Defenses Against Racketeering

Racketeering is a very complicated federal offense and the most effective methods to combat allegations are case-specific. A common defense is to argue that the unlawful activities in question are not interrelated. A defendant may be convicted under the RICO Act only if the racketeering offenses that he/she allegedly carried out were related. If the prosecution cannot prove beyond a reasonable doubt that the illegal activities were part of an interconnected pattern of criminal activity, then the RICO charges cannot stand.

The prosecution’s case normally relies on thorough police searches to find evidence of racketeering. However, the police are only human and therefore make errors. They also occasionally cut corners and seize evidence illegally. Again, Walk Free Law will successfully file a motion to suppress any evidence that was unlawfully obtained. If the court agrees with the motion to suppress, the prosecution could be left with inadequate evidence to present during its case in chief to convince the court that you are guilty.