Federal Criminal Charges & RICO Act Violations
RICO Act: A Brief Overview
RICO is an acronym for the Racketeer Influenced and Corrupt Organizations Act. Enacted in 1970, the RICO Act, entrenched in 18 U.S.C. § 1961, was intended as a weapon to fight the Mafia. It has since broadened to encapsulate a wide range of criminal activities.
The Breadth of RICO
Predicate Offenses
Central to any RICO case is the concept of ‘predicate offenses.’ Under the RICO Act, a person or organization can be charged if they have committed two of 35 crimes—27 federal and 8 state—within a 10-year period. These crimes, referred to as ‘predicate offenses,’ span from bribery and kidnapping to wire fraud and money laundering.
The RICO Connection
Enterprise and Pattern
The charges under RICO don’t just stop at committing predicate offenses; it’s about the connection between them. For a successful RICO charge, the prosecution must establish an ‘enterprise’ and a ‘pattern of racketeering activity.’
Enterprise
Under the RICO Act, an enterprise isn’t restricted to businesses. An enterprise can include any individual, partnership, corporation, association, or other legal entity. It can also include any union or group of individuals associated in fact although not a legal entity (18 U.S.C. § 1961(4)).
Pattern of Racketeering Activity
To establish a pattern, the prosecution must demonstrate that at least two acts of racketeering activity (the predicate offenses) have occurred.
A single scheme with multiple offenses may not be enough; there needs to be a relationship and continuity between the offenses (H.J. Inc. v. Northwestern Bell Telephone Co., 492 U.S. 229 (1989)).
Facing the Music
Penalties under RICO
The penalties for a RICO conviction can be life-altering. These can include imprisonment for up to 20 years (18 U.S.C. § 1963(a)), forfeiture of any interest acquired or maintained in violation of section 1962, and any property constituting or derived from any proceeds obtained from racketeering activity.
Additionally, hefty fines and restitution may be part of the punishment.
Constructive Defense Strategies
Disrupting the RICO Web
To successfully fight RICO charges, a lawyer must the ability to dismantle the prosecution’s case piece by piece. A few ways to get this done is by challenging the existence of an ‘enterprise,’ disputing the ‘pattern of racketeering activity,’ or questioning the prosecution’s evidence.
Each case is unique and necessitates a tailored strategy.
Your Shield of Defense
Tad Nelson & Associates, Federal Defense Lawyers
If you’re facing charges under the RICO act, the absolute necessity for robust and experienced legal representation cannot be overstated. Tad Nelson & Associates has provided legal representation for hundreds of people under federal indictment.
If you’re charged under the RICO Act, contact our law offices for help today. There’s no substitute for the right counsel when it comes to federal criminal charges. Contact Tad Nelson & Associates today at 281-280-0100 to schedule your free consultation.
