Fighting for those accused of participation in corrupt organizations
The Racketeer Influenced and Corrupt Organizations Act — or RICO Act — is a tool commonly used by federal prosecutors to charge leaders of an organization with crimes that they did not commit themselves. While initially enacted to combat the Mafia, the later application of the RICO Act has been much more widespread.
The RICO Act can be used by prosecutors to fight street crimes and white collar crime. The government could use RICO to indict a leader of an organized crime family for murders that took place under his order, just as easily as it could indict a CEO of a corporation for stock manipulation. The key in any RICO-related charge or investigation is to be sure that the government can prove the defendant committed the required acts, under the statute, in a pattern of racketeering activity.
“What Constitutes Racketeering?”
The act sets out 27 federal offenses and eight state offenses that are considered to be racketeering activity, from white collar offenses to crimes of violence. These include securities fraud, embezzlement, murder, kidnapping, arson, counterfeiting, illegal gambling and extortion.
Under RICO, a person can be charged with racketeering if he has profited financially from two or more of these “predicate crimes” within a 10-year period. A prosecutor must show that the incidents in question constitute a “pattern of criminal profiteering activity,” i.e. that they are not isolated, in order to secure a conviction.
Racketeering charges are often brought after a lengthy investigation, and a RICO defense is usually highly complex. Only an experienced, trial tested and knowledgeable attorney has the skills needed to prevent a conviction.
RICO Racketeering Penalties
RICO violations can lead to stiff penalties if you are convicted. RICO penalties include fines in the tens of thousands of dollars as well as potentially 20 years in prison. In addition to these penalties, the person convicted of racketeering must forfeit all the allegedly “ill-gotten gains” as well as any interest from any business gained through a pattern of “racketeering activity.” If convicted, RICO laws also permit a private individual harmed by your actions in such an enterprise to file a civil suit and the collectable damages are not capped (meaning the settlement amount could be quite high).
Get a sophisticated defense against charges of organized corruption.
To seek representation by an experienced federal defense attorney, contact the Chicago law office of Alliant Law by calling (708) 366-9900. Consultations are free and confidential.