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2407 South Congress Avenue, Suite E - 399, Austin, TX 78704
607 W 3rd St, Suite 2500, Austin, TX 78703
601 Quail Valley Dr, Georgetown, TX 78626
2801 Vía Fortuna, Suite 200, Austin, TX 78746
13110 West Hwy 290, Suite 303, Austin, TX 78737
500 W. 2nd St., Suite 1800, Austin, TX 78701
524 N Lamar Blvd, Austin, TX 78703
608 W 12th St, Austin, TX 78701
111 Congress Avenue, Suite 1400, Austin, TX 78701-4093
1107 Nueces St, Austin, TX 78701
329 S Guadalupe St, San Marcos, TX 78666
502 West 14th Street, Austin, TX 78701
1012 Rio Grande Street, Austin, TX 78701
303 Colorado St, Suite 3000, Austin, TX 78701
300 Colorado St, Suite 2200, Austin, TX 78701
812 San Antonio, Suite 100, Austin, TX 78701
5609 Clarion Cove, Austin, TX 78746
116 Blue Jay Rd, Dale, TX 78616
300 West 6th St, Suite 2050, Austin, TX 78701
300 W 6th Street, Suite 1850, Austin, TX 78701
4408 Spicewood Springs Road, Austin, TX 78759
704 West 9th Street, Austin, TX 78701
600 Congress Avenue, One American Center, Suite 2000, Austin, TX 78701-3204
1250 S. Capital of Texas Highway, Bldg. 3, Suite 400, West Lake Hills, TX 78746
901 S MoPac Expy, Building 1, Suite 480, Austin, TX 78746
San Marcos Racketeering Information
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What Is a Racketeering Violation?
Racketeering is a pattern of criminal activity carried out by a criminal organization or enterprise. Racketeering is a federal crime under the Racketeer Influenced and Corrupt Organizations Act (RICO) Act but many states have similar state RICO laws. Racketeering can include organized crime offenses, including fraud, extortion, or loan-sharking. However, racketeering can also target gang activity, corporate fraud, or corrupt government officials.
What Is a Pattern of Racketeering Activity?
The Racketeer Influenced and Corrupt Organizations Act (RICO) is the federal anti-racketeering law. In order for federal prosecutors to prove a defendant is guilty of a RICO offense, they have to show conduct of an enterprise through a pattern of racketeering activity. A “pattern of racketeering activity” requires at least two acts of racketeering committed within a ten-year period. Generally, the criminal acts amount to continued criminal activity.
Racketeering can also include collection of unlawful debt. Under federal law, collection of unlawful debt is an alternate ground for RICO charges and does not require a pattern of activity. Examples of unlawful debt collection include trying to collect illegal gambling debt, loan-sharking, or threatening harm to the victim’s family if the debt isn’t paid.
Is Racketeering a White Collar Crime?
White-collar crimes often involve fraud or misrepresentation that is financially motivated. Generally, white-collar crimes are committed through non-violent means through fraud or misrepresentation. Some racketeering offenses are considered white-collar crimes, including embezzlement, securities fraud, or money laundering. However, racketeering also includes violent offenses, which are generally not considered white-collar crimes.
What Crimes Are Covered by the RICO Act?
Crimes covered by the RICO Act include state and federal crimes. State crime racketeering offenses may include murder, robbery, kidnapping, and extortion. According to the Justice Department, racketeering activity includes more than one hundred federal offenses, including, but not limited to:
- Illegal gambling
- Drug trafficking
- Bribery
- Dealing in obscene matter
- Counterfeiting
- Embezzlement
- Witness tampering
- Human trafficking
- Money laundering
- Terrorism
- Mail fraud
- Healthcare fraud
- Wire fraud
- Insurance fraud
- Securities fraud
How Long Do You Go To Jail for Racketeering?
Racketeering charges come with severe criminal penalties. A conviction for racketeering can include up to 20 years in prison. However, jail time can include life imprisonment if the underlying offense carries the possibility of life in prison. For example, racketeering involving illegal gambling may have a maximum prison sentence of 20 years. Racketeering involving murder can result in a life sentence.
Is Racketeering a Felony?
At the federal level, racketeering is a felony, punishable by more than a year in prison. State racketeering offenses are felonies, which are punishable by more than one year. A conviction for a felony has long-term consequences that will follow the individual after release from prison. As a felon, you may be restricted in gun ownership rights, voting rights, and holding public office. A felony criminal history may make it more difficult to find housing or get a job.
How Can a Racketeering Attorney Help You?
Investigative agencies may take years to conduct a racketeering investigation. If you think law enforcement or a federal government agency suspects you of committing criminal activities, contact an experienced criminal defense attorney for advice. A defense attorney can represent you during an investigation to make sure you don’t accidentally say something that could be used against you.
Even if the district attorney’s office does have a strong case against you, a legal representative on your side can negotiate a plea agreement. A plea bargain may allow you to avoid the most serious charges, reduce your criminal sentence, and help keep your property.
If you want to fight the criminal charges, a racketeering defense attorney can build a strong legal defense, challenge the state’s evidence in criminal court, and fight to get the criminal charges dropped or win your case in court.