Enterprise corruption (New York Penal Law § 460.20) is a serious crime that's usually associated with other, equally serious crimes. Enterprise corruption occurs when a person who knows of the existence of a criminal enterprise, and is aware of its criminal activities, associates with, participates in or is employed by that enterprise. If you are charged with enterprise corruption, you may be accused of:
1. Purposefully and intentionally participating in or conducting affairs for a criminal enterprise by way of an ongoing pattern of criminal activity.
2. Deliberately acquiring interest in or gaining control of an enterprise by engaging in an ongoing pattern of criminal activity.
3. Engaging in a pattern of ongoing criminal activity and investing the proceeds of that criminal activity in a known criminal enterprise.
To be convicted of enterprise corruption, you must have exhibited a pattern of ongoing criminal activity that furthered or was intended to further the interests of a corrupt enterprise. In New York, enterprise corruption is a class B felony. It carries a maximum sentence of 25 years in prison.
What Is A Criminal Enterprise?
New York law defines a criminal enterprise as an activity in which "two or more individuals, all sharing a common purpose of engaging in criminal conduct, come together and become associated in a group that has a defined structure, a continuing existence, and a criminal purpose that extends beyond the commission of individual criminal acts."
What Is Criminal Activity?
Criminal activity, as it relates to enterprise corruption, is defined as a minimum of three criminal acts that have been committed to benefit a corrupt organization. The criminal acts must have taken place within the last two years. Two of the acts must have been felonies, and at least one of the felonies must have occurred during the last five years. Criminal activities that are felonies can include, but are not limited to, assault, sexual assault, insurance fraud, strangulation, forgery, sex trafficking and attempting to hinder a prosecution.
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What Is Aggravated Enterprise Corruption?
Under New York Penal Law § 460.22, you can be charged with aggravated enterprise corruption if you have committed the crime of enterprise corruption and if two or more of the acts which constitute your pattern of criminal activity are class A or class B felonies. Aggravated enterprise corruption is a serious crime and a class A-1 felony; it carries a maximum sentence of life in prison.
What Is The Federal RICO Act?
The Federal RICO Act was passed in 1970. RICO stands for Racketeering Influenced Corrupt Organization, and the law was created to crack down on organized crime and white collar criminals in the United States. The law proved to be a highly effective means of reducing the influence of American crime syndicates.
Under the RICO Act, you can be accused of racketeering if you commit only two of thirty-five criminal acts related by law to a criminal enterprise within a ten-year period. Additionally, members of a criminal enterprise may be charged with the criminal actions of others. Racketeering charges carry extremely stiff penalties, and those who are victimized by the racketeering actions of others can sue the perpetrators for extensive damages.
What Is The New York Enterprise Corruption Law?
The RICO Act turned out to be so effective for prosecuting members of organized crime that states created their own laws based on the federal model. The New York Enterprise Corruption Law is New York's version of the RICO Act. The law is codified in the New York Penal Law § 460.20.
In Summary
Under New York Penal Law § 460.20, you can be charged with enterprise corruption if it can be shown that you have committed three criminal acts for the benefit of a corrupt enterprise. If you are charged with enterprise corruption, you can also be charged with aggravated enterprise corruption. Additionally, you can be charged with the criminal acts of others if it can be shown that you have knowingly commanded, requested, solicited or ordered other people to perform criminal activities in order to benefit a corrupt enterprise.
New York Enterprise Corruption Lawyers
Given the severity of New York enterprise corruption charges, it's imperative to retain professional counsel as early as possible in your case. The New York Enterprise Corruption Statute is complex, and it involves multiple felony charges. Enterprise corruption is a strong tool, used by Prosecutor's in New York, and is a serious white collar crime, in the New York penal code. Enterprise corruption is considered a Class B felony, which has a mandatory minimum term for prison. Enterprise corruption - referred to as NY Penal Law 460.20, is punishable by up to 25 years in prison. It's used often in association with organized crime and RICO criminal offenses. Below are examples of crimes which can be prosecuted under Enterprise Corruption: Grand Larceny, Gambling, Insurance Fraud, Criminal Possession of Stolen Property, Money Laundering, Fraud, Conspiracy, Controlled Substance Crimes, Escorts and Prostitution Rings.
The Enterprise Corruption Law was New York's version of the Federal Rico Act, which was passed in 1970. It's designed to combat organized crime in New York. This is one of the most effective laws in dismantling criminal rings. Under RICO, a person can be charged with racketeering, if he has committed any 2 of the 35 acts which are designed by the laws, within a period of 10 years, and if the acts conducted were related to an enterprise. There are very harsh penalties associated with racketeering. Members of the enterprise can be charged with acts done by others in the group. Victims of racketeering can sue for treble damages.
In New York, the Enterprise Corruption Law is a law which mirrors the federal statute. Enterprise Corruption is codified by the New York Penal Code Article 460. According to the Enterprise Corruption Law, a person is guilty of Enterprise Corruption when he has knowledge of a criminal enterprise, and is employed by the enterprise, and participants in the enterprise by participating in the pattern of criminal activities being done. Criminal enterprise means an entity which isn't legitimate or lawful. Under NY Law, a criminal enterprise means a group of people who have a common purpose of engage in criminal conduct, and have a past and present track record of doing it. Criminal enterprise exists when two or more individuals, have a common purpose of engaging in criminal conduct, and become a group with a structure, and have an on-going presence.