A RICO (pronounced ree-ko) Act charge is one where prosecutors believe you are tied to organized crime. It is an acronym for the Racketeer Influenced and Corrupt Organizations Act and a federal law created in the 1970s to make proving organized crime cases easier. Under the Act, severe fines and imprisonment penalties are authorized, including up to twenty years to life in prison for the most severe crimes and a fine of up to $250,000 or two times the offense’s proceeds.
In This Article
A New Mexico federal crimes defense lawyer helps you understand what crimes fall under RICO, what prosecutors must prove to get a conviction, and how to defend the charges you or your loved one face. We wrote this post to help the wrongfully accused and their family members understand the RICO Act charges they face.
What Are the 35 Crimes of RICO?
The RICO Act allows prosecutors to charge you with criminal enterprise offenses while forgoing the need to prove that you committed a crime directly. Federal laws allow you to be charged with racketeering or engaging in a racketeering pattern of organized crime in affiliation with a gang or criminal organization.
The prosecutor must prove that at least two of the following 35 Crimes of RICO activity occurred within a ten-year period:
- Arson
- Bribery
- Counterfeiting
- Currency and Foreign Transactions Reporting Act crimes
- Dealing in a controlled substance or listed chemical
- Dealing in obscene matter
- Economic espionage
- Embezzlement
- Extortion
- False statements
- Gambling
- Identity theft
- Illegal money transmitters
- Immigration and Nationality Act crimes
- Immigration fraud
- Interference with commerce
- Interstate shipment theft
- Interstate transportation of illegal property
- Interstate transportation of stolen property
- IP infringement
- Kidnapping
- Money crimes
- Money laundering
- Murder
- Obscene matter
- Obstruction of justice
- procurement of citizenship or nationalization unlawfully
- Racketeering
- Retaliation
- Robbery
- Securities fraud
- Sexual exploitation of children
- Tampering
- Trafficking
- Welfare fraud
If the prosecutor can associate you with the organization, you could face racketeering charges even if you did not personally commit an offense.
Related Article: What Are Conspiracy Charges?
How Does a Prosecutor Build a RICO Case?
The RICO Act states that being associated with or employed by an organization that indirectly or directly engages in a pattern of racketeering activities is illegal. As such, federal prosecutors must prove certain elements beyond a reasonable doubt.
The specific elements that they must prove include the following:
- The existence of an enterprise: Under RICO, an enterprise is defined as “any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity.”
- Interstate commerce: The enterprise engaged in a pattern of commerce or business activities that cross state lines and affected interstate commerce, which is regulated by the federal government.
- Defendant association: If prosecutors believe that you were associated or employed by a criminal organization and engaged in racketeering activity, you can receive RICO charges for two predicate offenses within a ten-year period.
As you can see, the elements that a RICO case must meet are specific. It would be best if you spoke with a federal criminal defense lawyer in New Mexico to help you devise a defensive strategy. Otherwise, you may accept responsibility for a crime that federal prosecutors cannot prove.
How Do You Beat a RICO Charge Defense?
For the courts to convict you of a RICO charge, prosecutors must prove beyond a reasonable doubt that you are guilty of a RICO crime. A RICO defense attorney in New Mexico will devise a strategy to fight your racketeering charges.
Common RICO charge defenses for your particular situation may include:
- There is no criminal enterprise
- Did not affect interstate commerce
- No proven pattern of racketeering activities
- No involvement of a criminal organization
- A case of mistaken identity
- No direction by a criminal organization
- Alibi defenses
You should not have to go to prison if the prosecutors assigned to your case cannot prove that a criminal organization directed criminal activities. It is essential to speak with a legal professional if you are being investigated or a family member was arrested, regardless of the accusation’s absurdity. Your entire life could be at stake.
Related Article: How to Hire a Top-Rated NM Criminal Defense Lawyer
What Is the Sentence for a RICO Charge?
Not only will you face up to $250,000 in fines or twice the proceeds of the offense, but you will also face up to twenty years in prison, loss of property, and civil lawsuits, potentially. Life in prison is also possible if the accompanying criminal charges also carry a life sentence.
You lose a lot of your life if you get a RICO conviction. The most important takeaway is that you can defend yourself in court with an attorney with experience handling these cases.
Grano Law Offices, P.C. will begin investigating the matter immediately on your behalf to determine what evidence the prosecutor has against you, if any, and proceed in a direction that seeks to get your RICO charges dismissed, dropped, or reduced.
Charged Under RICO? Start with a Free Case Strategy Session
If you or a family member face a RICO charge, your charges are defensible in court. Speak with a New Mexico federal charges defense attorney in Las Vegas at Grano Law Offices, P.C., for legal advice. Call now for a Free Case Strategy Session. at (505) 426-8711 or via the contact form below.
