State and federal law makes it illegal for any person to engage in a pattern of racketeering activity. In 1970, the Racketeer-Influenced and Corrupt Organization Act, or RICO Act, was passed to thwart organized criminal activity in the United States. The RICO Act allows for the prosecution of individuals engaged in a pattern of racketeering activity as part of an enterprise. Put simply, the RICO Act enables prosecutors to go after members of a criminal organization, even though those members may not be in charge of anything. Since its inception, members of the Mafia, Hell’s Angels, and Genovese crime family have been convicted under the RICO Act.
Today, the RICO Act is no longer exclusively applied to gangsters and hardened criminals, the Act is applied broadly to otherwise perfectly legal organizations. Under Florida and United States Federal law, a violation of the RICO Act is considered a Felony and carries serious implications. If you are facing charges of, or may be in violation of the RICO Act, a competent and experienced white-collar criminal law attorney should be consulted immediately.
Florida RICO ActMiami and other Florida residents may face racketeering charges under Florida Statute 895, also known as the Florida RICO Act. Under Florida law, racketeering means to commit, conspire to commit, or ask someone else to commit one of fifty various crimes, including: medicare fraud, assault and battery, burglary, perjury, extortion, and more.
To convict a defendant under the Florida RICO Act, the prosecutor must first show the defendant was associated with, employed by, had an interest in, or received money from an enterprise. A company, business, association, society, gang, or any other organized body of people constitute an enterprise. It does not matter whether the primary function of the enterprise was legal or illegal.
Next, the prosecutor must prove one of the following:
In Florida, RICO Act violations are considered a first degree felony, carrying a sentence of up to thirty years in prison, and up to a $10,000 fine. Additionally, the defendant may be ordered to pay treble damages to the victim. The United States government is in the business of prosecuting under the RICO Act, an experienced criminal trial attorney will protect your constitutional rights by going toe-to-toe with prosecutors.
Federal RICO ActThe federal RICO Act, 18 U.S. Code 1962, closely mirrors the Florida . In order to be convicted under the federal RICO Act, the prosecution must prove: (1) The defendant was part of, or employed by an enterprise, (2) the enterprise effected interstate commerce, and (3) the defendant engaged in the same or similar type of racketeering activity two or more times. Those under investigation for violating the RICO Act should contact a federal criminal trial attorney as soon as possible.
Potential Defenses to RacketeeringCommon defenses to RICO charges include:
A competent federal criminal trial attorney will invoke any applicable defense and file vital pre-trial motions to support you in defending your rights.