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Time is of the essence when you’re facing federal RICO charges. Each moment wasted could be detrimental to your defense strategy. At The Law Offices of Jonathan F. Marshall, our criminal defense lawyers understand the complexities and stakes of federal offenses. Let us get to work immediately to protect your rights and build a strong defense. Call us now at (877) 322-2865 or contact us online to set up a confidential consultation.
RICO Charges Are Serious
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a federal law that addresses ongoing criminal conduct by organizations or enterprises. This is a piece of legislation you should be familiar with if you are someone who might be charged with a federal offense. This piece will unpack the various elements and implications of the RICO Act as outlined in the 18 U.S.C. 1961, focusing on what you should know to understand your rights and potential liabilities.
What Is “Racketeering Activity”?
In the legal text, “racketeering activity” covers a broad range of crimes. These include but are not limited to kidnapping, murder, arson, gambling, bribery, robbery, and drug trafficking. The definition also covers specific federal crimes such as mail and wire fraud, obstruction of justice, money laundering, and crimes related to immigration and naturalization.
The definition of racketeering is notably wide-ranging, as it encompasses any threat or act that is punishable by jail time of over one year. It also includes offenses that are indictable under various provisions of the United States Code. The RICO Act’s broad scope makes it a powerful tool for prosecutors.
Key Elements In The Definitions Section
State And Person
The term “State” under Section 1961 includes any State of the United States, the District of Columbia, Puerto Rico, and other territories. A “person,” on the other hand, can be an individual or an entity capable of holding a legal or beneficial interest in property.
Enterprise
The term “enterprise” is broad as well, encompassing any individual, partnership, corporation, association, or other legal entity. It also covers unions or groups of individuals associated in fact, even if they’re not a formal legal entity.
Pattern Of Racketeering
For prosecution under RICO, there must be at least two acts that fit a pattern of racketeering activity. One of these acts must have occurred after the RICO Act came into effect and the last within 10 years after a prior act.
Unlawful Debt And Other Definitions
The term “unlawful debt” is mostly associated with gambling activities that violate U.S. or State laws. Other terms like “racketeering investigator,” “racketeering investigation,” “documentary material,” and “Attorney General” have specific meanings outlined in the Section to streamline the enforcement process.
Why The RICO Act Is A Concern For Potential Defendants
The RICO Act is particularly concerning due to its expansive scope and severe penalties. The Act does not just target the foot soldiers in an organization; it aims higher, going after the leaders who order or assist in the commission of the racketeering acts. Penalties often include hefty fines and extended periods of imprisonment. Also, the government can seize assets believed to be acquired through illegal activities.
Protecting Your Rights
If you are at risk of facing RICO charges, it is crucial to consult with experienced legal professionals well-versed in federal laws. The complexities surrounding the Act and the serious nature of the penalties underscore the importance of robust legal representation.
Prohibited Activities Under RICO
To navigate this complicated terrain of RICO, it is essential to understand a key statute, 18 U.S.C. § 1962, which outlines the prohibited activities under the Act. This piece will delve into the intricacies of each subsection of 18 U.S.C. § 1962 to provide you with a complete understanding that could be crucial if you’re faced with such charges.
18 U.S.C. § 1962(A): A Deep Dive Into Unlawful Use Of Income
Section 1962(a) can be intimidating because of its intricate language, but it is actually straightforward in its purpose. It makes it illegal for anyone to use income derived from a “pattern of racketeering activity” or through the collection of an “unlawful debt” to invest in an enterprise that affects interstate or foreign commerce. This law basically hits at the funding and investment mechanisms of criminal enterprises. It ensures that money gained from illegal activities cannot be used to establish or operate a business, particularly one involved in interstate or foreign trade.
Exceptions Not To Overlook In 1962(A)
While the primary focus of 1962(a) is to prohibit illicit investments, it does contain an exception for securities purchased on the open market for investment purposes, under specific conditions. This nuanced exception makes it permissible to purchase securities without the intention of controlling the company, so long as you hold less than one percent of its outstanding securities and don’t have the power to elect directors.
18 U.S.C. § 1962(B): Understanding The Implications Of Control Through Racketeering
The gravity of this section lies in its extensive reach. Section 1962(b) makes it illegal for anyone to acquire or maintain control of an enterprise through a pattern of racketeering or the collection of unlawful debts. It captures not just the kingpins but also the minions indirectly involved in illegal activities that confer control over an enterprise. The statute casts a wide net to hold anyone accountable who exercises any form of control or influence over the enterprise using ill-gotten gains or power.
18 U.S.C. § 1962(C): Participation In Enterprise Affairs Via Racketeering
Moving from the control aspect, Section 1962(c) dives into the conduct of the enterprise’s affairs. It makes it illegal for anyone associated with an enterprise to conduct or participate in the enterprise’s affairs through racketeering or the collection of unlawful debts. It captures a wide range of participants and is often used to prosecute lower-level members of a criminal organization who may be conducting the day-to-day operations.
18 U.S.C. § 1962(D): The Conspiracy Angle
Conspiracy is often considered the low-hanging fruit for federal prosecutors. Section 1962(d) makes it a crime to conspire to violate any of the preceding sections (a, b, or c). This means that even if the planned racketeering act was not carried out, the mere agreement to engage in such activity can lead to a RICO charge. Conspiracy can sometimes be easier to prove than the underlying crime itself, making this subsection especially significant.
Rico’s Broad Reach: A Warning
Understanding the scope and details of 18 U.S.C. § 1962 is a vital first step in defending yourself against a potential RICO charge. Each subsection is a piece of a larger puzzle that federal prosecutors use to build a case against both individuals and enterprises involved in organized crime or other illicit activities. The RICO Act’s provisions give prosecutors a broad range of powers to tackle organized crime at various levels and from multiple angles.
Criminal Penalties Under 18 U.S.C. § 1963
Section 1963 of the United States Code outlines the criminal penalties associated with RICO violations. Understanding these penalties is essential if you’re facing RICO charges under this law.
RICO Violations And Penalties: The Basics
Section 1963(a) clearly states that anyone who violates Section 1962 will face certain penalties. Specifically, with a RICO violation, the offender may be fined, imprisoned for up to 20 years, or both. If the violation is based on a racketeering activity that has a maximum life imprisonment penalty, the imprisonment under RICO can also be for life.
Financial Penalties
The fines under RICO can be quite hefty. The law allows for forfeiture of:
- Any interest the person has acquired or maintained in violation of Section 1962.
- Any interest in, security of, claim against, or property right affording influence over any enterprise established, operated, controlled, or conducted in violation of Section 1962.
- Any property constituting or derived from proceeds obtained directly or indirectly from racketeering activity or unlawful debt collection.
Property Subject To Forfeiture
The law also extends to the forfeiture of real property and both tangible and intangible personal property. This includes land, things affixed to the land, and securities.
Advanced Legal Measures
Beyond the initial penalties, the court has the power to employ various mechanisms to ensure the seized property is properly managed or disposed of. This can include restraining orders, injunctions, and even the appointment of trustees to manage the property. These are detailed in Sections 1963(d) and 1963(e).
The Role Of The Attorney General
After the property is seized, it is the responsibility of the Attorney General to manage its disposition. This can include sale or any other commercially feasible means, and the funds generated will be used to cover all proper expenses for the forfeiture and the sale (Section 1963(f)).
Rights Of Third Parties
Interestingly, the law also provides safeguards for individuals who are not the defendants but have some legal interest in the property. They can petition the court to protect their interest, as elaborated in Section 1963(l).
Defenses To RICO Charges Based On The RICO Statute
Challenge The “Pattern Of Racketeering Activity”
One of the central elements in a RICO case is establishing a “pattern of racketeering activity.” For the charges to stick under any of the subsections (a, b, or c), the prosecution must prove that you engaged in a pattern, not just isolated or sporadic activities. Challenging the notion that your actions constituted a “pattern” can sometimes result in the charges being dropped or reduced.
Subsection 1962(a) Defenses: Prove Legitimate Income Source
Section 1962(a) focuses on the illegal use of income derived from racketeering to invest in an enterprise. A defense strategy here might involve proving that the funds used for investment were derived from legitimate sources. Producing credible financial records and witness testimony can sometimes dismantle the prosecution’s claim that the invested funds were ill-gotten gains from racketeering activities.
Dispute Control Or Ownership Under 1962(b)
In cases under subsection 1962(b), the prosecution must prove that you acquired or maintained control of an enterprise through racketeering. One approach to defense here is to rigorously challenge the evidence showing that you had “control” or “ownership” over said enterprise. Demonstrating a lack of control or ownership could undermine the prosecution’s case.
Refute Participation In Enterprise Affairs As Per 1962(c)
For charges under 1962(c), the defense could focus on proving a lack of involvement in the enterprise’s affairs or dispute that your actions constituted racketeering activity. Documenting that you were not involved in decision-making or other key activities of the enterprise can sometimes result in charges being dropped or lessened.
RICO Conspiracy Defenses Under 1962(d)
The conspiracy to violate any of the RICO Act’s provisions is itself a violation under 1962(d). One of the more effective defenses for a RICO conspiracy defendant is to challenge the alleged agreement’s existence that forms the basis for a conspiracy charge. No agreement, no conspiracy.
Statute Of Limitations: An Overlooked Defense
Federal crimes, including those charged under RICO, have a statute of limitations, meaning that there’s a time limit for when charges can be filed. For RICO violations, this period is generally five years. If the alleged conduct occurred beyond this timeframe, the charges may be subject to dismissal.
Severing Ties With Co-Defendants
Often, RICO cases involve multiple defendants. Sometimes, it’s beneficial to sever your case from co-defendants to prevent their actions from negatively influencing your case. If you can establish that your alleged activities were separate and distinct from those of the co-defendants, a motion to sever could be a viable defense strategy.
Expert Witnesses And Forensic Analysis
Retaining experts who can dispute the prosecution’s claims about financial transactions, enterprise control, or racketeering activities can also be a solid defense strategy. Forensic accountants, for example, can delve into complex financial data to disprove allegations of money laundering or illegal investment.
RICO Defense Lawyers In New Jersey
If you find yourself under federal scrutiny for RICO offenses, consulting an experienced criminal defense lawyer is not just advisable but essential. Legal counsel can evaluate your situation to choose the most effective defense strategy tailored to the specific charges you face under the federal racketeering statute. Remember, each case is unique, and only a legal professional can offer counsel tailored to your particular circumstances. With the potential consequences so severe, this is not a corner where you should cut costs or take risks.
Facing federal charges such as RICO crimes is an overwhelming experience, but you don’t have to go through it alone. Located in NJ, our experienced RICO lawyers are committed to guiding you through this stressful time. Don’t leave your future to chance; consult with us today. For clients seeking criminal defense, reach us at (877) 322-2865 or connect with us online to initiate the conversation that could save your future.
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