FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

Federal RICO Defense Attorney

Do You Need a Federal RICO Defense Attorney?
The Racketeer Influenced and Corrupt Organizations (RICO) Act was passed in 1970. It gave law enforcement the leverage to take on organized crime and contain it.

If the prosecution can establish beyond a reasonable doubt that the defendants participated in and profited from criminal activities, they can then apply those charges to the RICO Act.

What Is Racketeering?

Illegal businesses are called rackets. Broadly speaking, racketeering means:

  • Acquiring a business through crimes like extortion
  • Using illegally-derived money to run a legitimate business
  • Using legally-derived money to run a criminal enterprise
  • Using a business as a front for a criminal operation

Common rackets include human trafficking, prostitution, drug trafficking, illegal weapons trade and counterfeiting.

Racketeering is prosecuted at both the state and federal levels. If you have profited because of racketeering activities, then the RICO Act may apply to you.

Which Crimes Are RICO Violations?

Here are some examples of racketeering at the federal level:

  • Bribery
  • Fraud
  • Embezzlement
  • Running an illegal gambling operation
  • Money laundering
  • White collar crime
  • Financial and economic crime
  • Sexual exploitation of children
  • Murder for hire
  • Obstruction of justice

Here are some examples of racketeering at the state level:

  • Murder
  • Arson
  • Extortion
  • Kidnapping
  • Gambling
  • Bribery
  • Drug crimes
  • Robbery
  • Pornography

Racketeering is at play when cybercriminals take over your computer and lock you out until you pay a ransom. Fencing rackets involve thieves who steal property and sell it to intermediaries on the cheap. The intermediaries then resell the goods to unsuspecting buyers at a sizeable profit.

Protection rackets involve threatening someone with harm unless they pay for protection. Kidnapping rackets involve stealing individuals and setting them free only after a ransom is paid.

Corporations can be as guilty of racketeering as career criminals. A pharmaceutical company might disburse financial incentives to physicians who push the company’s drugs. This profits both the physician and the pharmaceutical company while defrauding patients and their insurance companies.

How Does The RICO Act Work?

The Department of Justice (DOJ) requires the prosecution to prove certain things beyond a reasonable doubt before the defendants can be found guilty of violating the RICO statute:

  • An enterprise existed.
  • That enterprise conducted business across state lines.
  • The defendant was either employed by or associating with a criminal operation.
  • The defendant engaged in racketeering and participated in at least two separate racketeering activities.

Why Was the RICO Act Passed?

RICO was initially enacted to help law enforcement crack down on organized crime and other criminal enterprises. With RICO, prosecutors could sue an entire racket at once instead of trying individual racketeers separately.

Prosecutors can now seize the assets of indicted individuals and prevent them from moving funds and properties through shell companies. The ringleaders may be charged with crimes they compel others to commit.

Defendants can be charged through RICO after two acts of racketeering activity. One act must have occurred after 1970 when the Act was made law. The second act must have occurred within 10 years of the first act.

If convicted, the defendants can receive 20 years or more in prison and crippling fines for each count of racketeering activity. Federal racketeering crimes can be prosecuted at both the state and federal levels. Federal crime sentences are more severe than those imposed by the state.

Has the RICO Act Been Effective?

The RICO Act has helped law enforcement to reduce the incidence of racketeering and organized crime in the U.S. Prosecutors can effectively target criminal enterprises as well as their leaders, even if those leaders had other individuals commit crimes for them.

When Do You Need a RICO Defense Attorney?

If you have been charged with a RICO violation, contact an experienced federal racketeering (RICO) lawyer at once. RICO violations are probably the most serious and dangerous charges you can face. They are also the most challenging charges to defend in court.

Because your assets can be frozen and seized, financial hardship can make matters significantly worse. The prosecutors don’t have to prove that you committed a crime. They only need to show that you engaged in activities related to a crime.

RICO defenses are similar to those employed in federal drug conspiracy charges. Your attorney can prove your factual innocence, show that the prosecution’s evidence against you is not enough to prove that you are guilty, expose an illegal police procedure or show that you were unaware of any criminal activity.

References:

https://www.investopedia.com/terms/r/racketeering.asp
https://www.britannica.com/topic/Racketeer-Influenced-and-Corrupt-Organizations-Act


FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.



Hear From Our Clients

"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
Read Our Reviews
Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us