First passed by Congress in the 1970s, RICO is a federal law that criminalizes organized crime. RICO stands for the Racketeer Influenced and Corrupt Organizations Act. Federal law enforcement agencies, including the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Drug Enforcement Agency (DEA) often launch complex investigations under RICO. These federal agencies devote significant time and resources to investigating and bringing criminal RICO charges against a defendant.
If You are Facing RICO Charges, You Need a Skilled LawyerIf you are under investigation for a RICO charge or you have already been charged, you need to hire an experienced lawyer as soon as possible. RICO charges are often more complicated than other federal charges. You will need to hire the right defense lawyer who will give you the best possible chance at beating your charges. The experienced lawyers at Arnold & Smith, PLLC can help you develop a persuasive defense strategy. Contact our law firm as soon as possible to schedule your free initial consultation.
Understanding the RICO ActThe RICO Act is one of the more complicated pieces of federal law. Congress originally enacted RICO as a way for the federal government to combat the Mafia. The original intent of RICO was for the prosecution of organizations and businesses formed for criminal purposes. The 'R' in RICO refers to racketeering. Racketeering, in its most basic form, refers to criminal extortion or criminal coercion. Currently, however, federal prosecutors use RICO extensively to prosecute other fraudulent actions.
What Constitutes RICO Charges?When the federal government believes that a person is engaging in a pattern of criminality, federal prosecutors may be able to bring RICO charges. The types of organized crime targeted by RICO include the following:
Prosecutors who bring charges under RICO allege that the criminal organization engaged in a pattern of racketeering activity. To establish a pattern, prosecutors must show that the defendant or defendants engaged in two or more specific criminal offenses within a 10-year time frame. The federal RICO statute is purposefully vague and lists 35 specific offenses that include, but are not limited to the following:
Prosecutors often charge the individuals who committed the actual crimes along with anyone in the criminal organization who was associated with the criminal offenses. The following North Carolina crimes can also lead to federal RICO charges, such as:
The federal government pours significant resources into investigating and proving RICO charges. The federal RICO law allows for severe penalties for those convicted of RICO violations. Defendants will face additional penalties, such as prison time and fines, for any underlying crimes of which they are convicted. RICO penalties can include the following:
Federal prosecutors bring RICO charges in criminal courts. Those facing criminal charges can also face civil liability for RICO violations. People harmed by RICO can file a lawsuit to seek significant monetary damages. The federal statute allows plaintiff to file personal injury lawsuits against those engaged in criminal conduct.
Defenses to RICO ChargesThe prosecutor in a RICO case has a significant burden of proof. They will need to prove all of the elements of the RICO charge beyond a reasonable doubt in order to secure a criminal conviction. The best way to beat RICO charges is to develop a winning defense strategy. The following defenses are the most effective and commonly used in RICO cases:
At Arnold & Smith, PLLC, our lawyers have the experience and trial skills necessary to defend you in a RICO lawsuit. Contact our law firm today to schedule your free initial consultation.