Defending Against Racketeering Charges

Under racketeering laws, you can be charged with a crime based on the criminal activity of other people. Racketeering makes it a crime to be involved in a criminal enterprise, even if you aren’t committing a crime directly.

Defending against federal racketeering charges can be complicated. If you are charged with racketeering offenses, talk to an experienced racketeering criminal defense lawyer for legal advice.

What Are RICO Charges?

In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations Act (RICO Act). This law was aimed at prosecuting the Mafia and other organized crime. The RICO laws make it illegal to participate in a criminal enterprise. This allows prosecutors to go after leaders of a criminal organization.

For a RICO conviction, a defendant must have committed at least two racketeering acts within 10 years. The criminal acts have to be part of a pattern of racketeering activity. The criminal acts can include many types of white-collar crime, including:

• Illegal gambling
• Wire fraud
• Extortion
• Counterfeiting
• Money laundering
• Embezzlement
• Drug trafficking
• Human trafficking
• Security fraud
• Mail fraud

The criminal penalties for racketeering depend on the type of predicate illegal activity. Under federal laws, you can face up to 20 years in prison for each criminal charge. In addition to the federal RICO acts, state RICO laws target similar criminal activity.

What Does a Prosecutor Have to Prove in a Racketeering Case?

The prosecutor in a criminal case has the burden of proof. You don’t have to prove you are innocent. Instead, the prosecutor has to prove you are guilty beyond a reasonable doubt. The elements in a racketeering case include:

• At least two acts of racketeering committed within 10 years;
• The acts of racketeering were related to each other, and
• Acts of racketeering amounted to a threat of continued criminal activity.

Racketeering includes crimes like attempts or conspiracy. For example, if you attempted to kidnap someone but they got away, the attempted kidnapping could still be a RICO violation.

What Are Criminal Defenses for Racketeering Charges?

If you are charged with racketeering, your federal criminal defense lawyer can investigate your case. Your lawyer will identify the best legal defenses available, given your situation. Generally, your defense lawyer will address some or all of the elements of the offense to show there is doubt.

No Pattern of Racketeering Activity

Related racketeering activity has a similar purpose, results, participants, victims, or methods of commission. Sporadic, isolated, or widely separated criminal acts are not considered a pattern. Just because you were involved in two racketeering acts does not necessarily constitute a pattern of racketeering activity.

No Interstate Jurisdiction

Federal prosecutors need to have the authority to charge someone for federal crimes. This is known as jurisdiction. For many federal charges, the crime has to involve interstate commerce. If the criminal activity only occurred within the state or didn’t cross state lines, the federal government may not have jurisdiction.

Mistaken Identity

When law enforcement relies on an eyewitness to identify a suspect, the eyewitness may not be reliable. Eyewitness testimony can be faulty. The witness may have described a suspect very differently from their actual description. If there is doubt about the eyewitness testimony, there may be doubt that the defendant is the person involved in RICO crimes.

Unlawful Search and Seizure

There are constitutional protections against unlawful search and seizure. Police may need a warrant before they search certain areas. If the police went into your home or vehicle or searched you without probable cause or a valid warrant, you may be able to keep any evidence out of court. Your attorney could show the evidence was gathered in violation of your constitutional rights. Without the evidence, the prosecutor may have no case.

How a Criminal Defense Attorney Can Help

The criminal defense strategies depend on your individual situation. A RICO statute defense attorney can review your case and develop a criminal defense strategy to give you the best chance at avoiding a conviction.

For information about your legal defense options, talk to a racketeering criminal defense attorney.