Criminal Defense Lawyers

While RICO began as a solely-federal statute, 33 states, the U.S. Virgin Islands and Puerto Rico have since adopted similar laws to combat racketeering. Thus, RICO cases are no longer limited to federal courts.

What does it take to charge people under RICO?

To convict a defendant of racketeering under RICO, prosecutors must prove that a defendant violated at least two predicate offenses covered by the statute within a ten-year period. Most of these predicate offenses are serious felonies by themselves. They include:

• Murder
• Kidnapping
• Criminal copyright infringement
• Gambling offenses
• Bribery
• Extortion
• Fraud
• Embezzlement
• Drug trafficking
• Money laundering

This list is not exhaustive, but it demonstrates well the general idea. Since 1970, there have been some fascinating RICO cases, most of which did not involve traditional Italian crime families.

Famous RICO cases

The Montreal Expos and Major League Baseball

In July 2002, 14 Canadian companies accused Bud Selig, the MLB Commissioner, and Jeffrey Loria, the former owner of the Expos, of plotting to devalue the team for financial gain prior to its move to Washington. Neither man was criminally charged, but the RICO statute does contain a civil provision that allows parties injured by RICO violations to seek punitive damages. The case was eventually settled via arbitration, during which the MLB received a favorable ruling.

United States v. Scott W. Rothstein

In 2010, Scott Rothstein’s $1.2 billion ponzi scheme, the largest in Florida’s history, finally unraveled, and Rothstein was arrested on federal racketeering charges. The prosecution subsequently offered him an agreeable plea bargain in exchange for his cooperation in the investigation. Unfortunately for Rothstein, his greed and arrogance were boundless; the prosecution withdrew its offer after discovering that Rothstein lied to investigators and attempted to hide assets after agreeing to cooperate.

Rothstein has served about eight years of his 50-year sentence and was recently denied a sentence reduction in federal court. If forced to serve his full sentence, he won’t be released until he’s 90 years old.

The “Kids for Cash” Scandal

The notorious “Kids for Cash” Scandal occurred in Luzerne County, Pennsylvania in 2007 when a concerned parent contacted the Juvenile Law Center about sentencing irregularities in the county’s juvenile court. It was eventually discovered that two Luzerne County judges accepted approximately $2.5 million in kickbacks from two private juvenile detention centers in exchange for placing minor offenders in said facilities.

The scope of this scandal was unprecedented, involving more than 6,000 cases and 2,500 children. Judge Conahan received 17 years for his role in the scandal, and Judge Ciavarella, the more egregious of the two, received a sentence of 28 years in prison.

United States v. Kevin Eleby

While neither as sophisticated nor as well dressed as John Gotti, Kevin Eleby fits the textbook definition of a racketeer. In 2013, the former Los Angeles gang leader received a 25-year prison sentence after a federal court found him guilty of:

• Conspiracy to violate the RICO Act
• Drug trafficking (cocaine, heroin and crack cocaine)
• Possession with intent to deliver
• Firearm possession for the purpose of furthering a violent crime

The investigation into Eleby’s gang, the Pueblo Bishop Bloods, resulted in 45 federal indictments and 40 convictions.

Punishments for RICO violations

As illustrated in the cases above, punishments for RICO violations can be quite severe. Along with stiff prison terms, RICO convictions also usually involve punitive damages and the seizures of ill-gotten funds, assets and businesses. Because of their wealth and criminal reach, RICO defendants are also usually deemed flight risks, which often results in astronomical bail amounts or even remand.

Anyone facing charges relating to the RICO Act should talk to a criminal defense attorney immediately.

Racketeering means operating an illegal business for profit, or engaging in fraudulent schemes. Racketeering is charged under the federal Racketeer Influenced and Corrupt Organizations Act. RICO. This encompasses a large number of criminal offenses – such as extortion, money laundering, federal drug offenses, murder, gambling, arson, bribery ,counterfeiting, and anything else criminal – connected with an “enterprise,” defined as any group or union or business,  though not a legal entity. Racketeering prsoecutions and defenses are extremely, jargon heavy, complicated legal issues. In order to make sure you have the proper defense, you need a RICO law firm who understands how these cases are handled.

If you believe charges are imminent, you need to hire our law firm as soon as possible.

Consequences for a conviction of racketeering can include: long term imprisonment, probation, parole, loss of right to be bonded, payment of restitutions, forfeiture of assets, and significant fines. Defenses of racketeering can include: proving insufficient evidence, proving factual innocence, proving illegal police activity, showing lack of knowledge of the illegal activity.

Trustworthy NYC Rico Lawyers

RICO was designed to address organized crime. The RICO act targets activities which are in the furtherance of ongoing criminal organizations. RICO charges can be brought by both state and federal governments, and it’s a very typical federal indictment. The RICO can provides a civil cause of action, in order to recover damages that result from criminal actions. Under RICO, a person can get treble damages, which can lead to huge financial devastation to a defendant’s family and/or business. RICO charges are now mostly brought up against individuals/businesses, which is beyond the scope of the original act. There’s a list of designated crimes which fall under the scope of RICO. When a person/corporation commits 2 of the 35 potential criminal acts, within a period of 10 years, he/she can be prosecuted for RICO violations. RICO cases are known as high profile cases for prosecutors – which gives them great incentive to turn them into witch hunts – in order to generate immense media attention. In many cases, people at the wrong place / wrong time, are caught up in these witch hunts and wrongly prosecuted.

Federal prosecutors often take a vital role in these cases, by relying on the federal government to provide immense resources. If you’re facing a RICO accusation, you need to have an NYC rico lawyer who understands how to fight and win these cases. One of the dangers of RICO cases is that the prosecutor will do his level best to get an order, before trial, to seize your assets. This can lead to extreme hardship for you and your family – who rely on the seized assets in order to meet your basic needs. Legal penalties for RICO can be severe, with a potential for a 20 year prison term.

Criminal activities covered under RICO
Arson;
Bankruptcy fraud;
Bribery;
Counterfeiting;
Drug dealing (as regulated by the Controlled Substances Act);
Drug trafficking;
Embezzlement;
Engaging in activities involving obscene materials;
Extortion;
Fraud;
Kidnapping;
Money laundering;
Obstruction of justice;
Participating in activities involving the illegal entry of individuals into the United States;
Racketeering;
Robbery;
Securities fraud;
Murder;
Terrorism; and
Violations of state gambling statutes.