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Racketeer Influenced Corrupt Organizations (RICO) Act Offenses

If your criminal complaint reads:

United States v. [You]

or, if it is signed by a member of the Florida Attorney General's Office of Statewide Prosecution, 

you are likely facing one or more RICO charges, and you've been under investigation for some time.

RICO offenses are serious crimes that involve organized criminal activity. And the consequences are immense.

 

In Florida, RICO charges can apply to a wide range of illegal activities, including:
 

  1. Fraud: Various types of fraud, such as wire fraud, mail fraud, and securities fraud, can fall under RICO if they are part of an ongoing criminal organization.
     

  2. Money Laundering: Involves concealing the origins of money obtained illegally, often by transferring it through legitimate businesses or banks.
     

  3. Drug Trafficking: The distribution, manufacturing, or selling of illegal drugs can lead to RICO charges if it is part of an organized crime operation.
     

  4. Extortion: Forcing someone to give up property, money, or services through threats or violence.
     

  5. Bribery: Offering, giving, receiving, or soliciting something of value to influence the actions of an official or other person in a position of authority.
     

  6. Gambling Offenses: Running illegal gambling operations can also be charged under RICO if they are part of a larger criminal enterprise.
     

Potential penalties include:
 

  1. Fines: often amounting to thousands or even millions of dollars.
     

  2. Prison Time: Up to 20 years in prison for each count. In some cases, the sentence can be even longer, because RICO charges are a compilation of offenses. This is how the United States took on the Mafia.
     

  3. Asset Forfeiture: The government may seize assets obtained through illegal activities, including money, property, and other valuable items.
     

  4. Probation: Instead of, or in addition to, prison time, you may be placed on probation. This means you must follow strict rules and report regularly to a probation officer.
     

  5. Restitution: You may be required to pay restitution to the victims of your crimes, covering their financial losses and other damages.
     

  6. Criminal Record: A RICO conviction will appear on your criminal record, which can affect your ability to find employment, rent a home, or obtain loans.
     

RICO cases are incredibly complex. Just a few potential defense include:
 

  1. Lack of Involvement: Your attorney may argue that you were not involved in the alleged criminal organization or activities.
     

  2. Lack of Pattern of Racketeering Activity: To be convicted under RICO, the prosecution must prove a pattern of racketeering activity. If they cannot establish this pattern, the charges may be dismissed.
     

  3. Insufficient Evidence: The prosecution must prove your guilt beyond a reasonable doubt. If there is not enough evidence to support the charges, the case may be dismissed.
     

  4. Violation of Constitutional Rights: If your rights were violated during the investigation or arrest, such as through illegal searches or seizures, your attorney might be able to get the charges reduced or dismissed.
     

  5. Mistaken Identity: If you were wrongly identified as a member of the criminal organization, proving mistaken identity can be a strong defense.
     

Experience Matters

If facing a RICO investigation or charge, you need a lawyer experienced in complex criminal litigation. it also helps if that lawyer not only maintains a professional relationship with the prosecution, but also served on that side . . . in that unit.

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