Top Omaha, NE RICO Lawyers Near You

RICO Lawyers | Omaha Office

10050 Regency Circle, Suite 400, Omaha, NE 68114

RICO Lawyers | Omaha Office

First National Tower, Ste 3700, 1601 Dodge Street, Omaha, NE 68102

RICO Lawyers | Omaha Office

13815 FNB Pkwy, Suite 200, Omaha, NE 68154

RICO Lawyers | Omaha Office

13330 California St, Suite 200, Omaha, NE 68154

RICO Lawyers | Omaha Office

1299 Farnam Street, Suite 1500, Omaha, NE 68102

RICO Lawyers | Omaha Office

The Omaha Building, 1650 Farnam Street, Omaha, NE 68102

RICO Lawyers | Omaha Office

1403 Farnam Street, Suite 232, Omaha, NE 68102

RICO Lawyers | Omaha Office

11930 Arbor Street, Suite 201, Omaha, NE 68144

Omaha RICO Information

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Find a RICO Attorney near Omaha

What Is a RICO Violation?

The Racketeer Influenced and Corrupt Organizations (RICO) Act was enacted in 1970 to address organized crime. Under RICO laws, anyone associated with the criminal group could be charged, including organization leaders who ordered or oversaw the criminal activity without directly taking part. RICO also provided for civil remedies and triple damages to recover unlawful gains.

How Do I Get a RICO Charge?

A RICO charge generally involves participation in a “criminal enterprise” with a “pattern of racketeering activity.” To get a RICO charge, the prosecutor must suspect you were involved in a criminal gang or group and the criminal activity involved more than a one-time event. Initially, RICO was used to go after organized crime and the Mafia. However, since the law went into effect, it has been used to indict a number of alleged criminal enterprises, including street gangs, motorcycle gangs, corporations, and police departments

The RICO Act also makes it a violation to conspire to commit racketeering offenses. Conspiracy to violate RICO charges means that someone can be charged and convicted even if the crime was never carried out. A conspiracy is an agreement between two or more people to commit a crime, with some overt act towards furthering the offense.

What Does the RICO Act Cover?

A “pattern of racketeering activity” requires at least two qualifying acts, within a period of ten years. The RICO Act has included several crimes that qualify as racketeering activity, including state and federal offenses. Acts of racketeering can include:

  • Illegal gambling
  • Murder
  • Kidnapping
  • Extortion
  • Arson
  • Robbery
  • Bribery
  • Dealing in obscene matter
  • Drug offenses
  • Counterfeiting
  • Theft
  • Embezzlement
  • Fraud
  • Witness tampering
  • Human trafficking
  • Money laundering
  • Murder-for-hire
  • Loan-sharking
  • Terrorism
  • Mail fraud
  • Wire fraud
  • Securities fraud

How Serious Is a RICO Charge?

A RICO charge is a serious criminal offense that carries the possibility of jail time, fines, and seizure of assets. RICO charges are federal felony charges that include imprisonment for up to 20 years or more. In addition to prison penalties, there are severe financial penalties, which include forfeiture of any interest, security, or property derived from racketeering activity.

There are also civil penalties under RICO. A violation of the RICO Act could include ordering the defendant to turn over financial or business interests, restrict future activities, and break up organizations. Civil remedies can also require restitution to any victims of the criminal offenses.

How Do You Beat a RICO Case?

When federal prosecutors charge someone with RICO offenses, the penalties can include years in federal prison and loss of your financial assets. However, you may have a strong legal case to beat RICO charges. Legal defenses may include challenging the prosecutor’s case to show there was no criminal enterprise and no pattern of criminal activity.

Even if you were involved in criminal activity, it has to be a pattern of racketeering. If there is only evidence of one crime, the defendant should not be convicted under RICO. Alternatively, committing a crime on your own without participation in a criminal organization may be another defense strategy.

Prosecutors may rely on the seriousness of RICO charges to get the defendant to plead guilty to other charges instead of facing the increased RICO penalties. However, before you plead guilty to criminal charges, you should consider talking to a criminal defense attorney for legal advice.

Top Questions to Ask When Hiring an Attorney

  • How many years have you been practicing law? How long have you practiced law in the local area?
  • How many cases similar to mine have you handled in the past?
  • What is the likely outcome for my case?

In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.

Top Questions to Ask a Lawyer

  • What is the usual process to resolve my case? How long will it take to resolve this?
  • What are likely outcomes of a case like mine? What should I expect?

An experienced lawyer should be able to communicate a basic “road map” on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you’ve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.

Types of legal fees:

Bill by the hour: Many attorneys bill by the hour. How much an attorney bills you per hour will vary based on a number of factors. For instance, an attorney’s hourly fee may fluctuate based on whether that hour is spent representing you in court or doing research on your case. Attorneys in one practice area may bill you more than attorneys in a different practice area.

Contingent fee: Some lawyers will accept payment via contingent fee. In this arrangement, the lawyer receives a percentage of the total monetary recovery if you win your lawsuit. In sum, the lawyer only gets paid if you win. Contingent fee agreements are limited to specific practice areas in civil law.

Flat fee: For “routine” legal work where the attorney generally knows the amount of time and resources necessary to complete the task, he/she may be willing to bill you a flat fee for services performed.

Common legal terms explained

Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.

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