Top RICO Lawyers Near Me

RICO made racketeering – crimes based on coercion, fraud and other illegal activities – into a criminal law offense. If someone can prove harm from a racket, RICO permits them to file a civil suit as well.

All accused in a corrupt organization can be brought up on RICO charges.

The power behind a RICO case is largely based on the breadth of the law (35 different offenses are covered beneath the RICO Act, including broad categories such as mail and wire fraud) and the strength of the penalties attached to both civil and criminal violations.

If a suspect is found guilty, the government can confiscate all assets involved and they can freeze those assets before a trial to prevent suspected criminals from taking them.

In 1970, the RICO Act was born to combat the Mafia activities happening in the United States. For a long time, police and other law enforcement found organized crime difficult to stop due to the courts’ limited impact on crime families.

The U.S. Code outlines the crimes and states what happens to people who commit them while also giving guidelines for stronger prosecution of those associated with organized crime. Recently, since Mafia involvement has declined, people working in corrupt police or bank institutions have been targeted by the RICO Act.

A variety of crimes listed in federal law are included in the definition of “racketeering activity.” They are also called predicate offenses and for the prosecution to use the RICO Act, the defendant must be accused of at least two such offenses. An accusation can occur only if the same offense happens more than once.

Crucial crimes mentioned under the RICO Act are:

• Murder
• Drug trafficking
• Counterfeiting
• Extortion
• Blackmail
• Forgery
• Money laundering
• Bribery
• Theft
• Robbery
• Mail fraud
• Wire fraud
• Identity theft
• Embezzlement
• Kidnapping
• Illegal gambling
• Business in illegal weapons
• Financial fraud
• Tax evasion
• Arson
• Predatory lending
• Interfering with justice
• Organizing protection racket schemes
• Manipulating a witness or evidence
• Paying back informants, witnesses and victims
• Sports betting fraud
• Very costly credit deals
• Fraud in the financial sector
• Misuse in the process of foreign labor contracting
• Getting citizenship by illegal means
• Creating citizenship documents without authorization
• selling the right to become a citizen or have citizenship documents
• Offenses that involve obscene materials
• Interrupting the work of law enforcement investigators
• Inhibiting local or state police doing their duties
• Applications for documents that look like genuine passports
• Using someone else’s passport for different purposes
• Illegal acts involving a passport
• Having to do with deceitful use of visas
• Human trafficking
• Economic espionage refers to the stealing of secrets in business.

Following RICO charges can be divided into those under criminal law as well as civil law. You can be accused of RICO in federal court and in courts of different states. Each area has set its own minimum penalties for RICO offenses.

RICO charges bring no guaranteed minimal sentence under federal law. As a result, the U.S. Sentencing Commission recommends a base offense level of 19 for RICO charges. So, the person could serve between 30 and 37 months, with longer prison terms for more or more severe offenses. Several state jurisdictions (including Virginia and Georgia) impose a minimum sentence of five years imprisonment for RICO charges.

A person facing civil RICO charges may be told to return to their victims three times the amount of money alleged to be missing, stolen or used wrongly. The burden of proof in a civil case is much lower than a criminal case (preponderance of evidence vs. beyond any reasonable doubt) and so the penalty is often lighter.

Experienced legal help may make it possible to overcome RICO charges, depending on the evidence in your case. The prosecution must show certain facts with strong evidence in criminal court to win a RICO case.

It must be proven by the prosecution that an enterprise existed, there was interstate or foreign commerce affected and you joined in that enterprise. Moreover, the prosecution is required to prove that you actively participated, using this enterprise, in carrying out at least two of the racketeering offenses listed above.

If you face a RICO investigation, have been accused of racketeering or are charged or sued on suspected RICO violations, you should find an attorney. Anyone who commits the act may be fined large amounts, go to prison and a successful lawsuit against them can result in triple the damages and paying for the other party’s lawyer.

RICO aims to stop people or groups who engage in illegal activities for a duration. According to RICO, to be charged with racketeering, you must commit two from among the listed crimes within ten years.

Because of how complex RICO cases and their statutes are, you should consult an experienced criminal defense lawyer if you are charged under RICO.

Lawyers can make your case strong and may raise your chances of beating the charge.

For more information on these issues, you should speak with a lawyer.