Miami Racketeering Lawyer

Defending Against Allegations of Racketeering Activity

The Racketeer Influenced and Corrupt Organizations (RICO) Act is a powerful federal law designed to combat organized crime within the United States. Enacted in 1970, the RICO Act targets illegal activities conducted as part of an enterprise, whether those involved are individuals or groups. The law's broad scope means that anyone associated with an enterprise engaged in illegal activities can be prosecuted under RICO, making the stakes exceptionally high for those accused.

Given the complexity of RICO cases, which often involve intricate legal and factual issues, it is critical to have experienced legal representation. These cases are not only challenging due to the federal laws involved but also because of the severe penalties at stake. 

At Hager & Schwartz, P.A., we have a deep understanding of the federal judicial process and are well-versed in the application of the law. Our Miami racketeering lawyers develop dynamic and robust strategies tailored to each client's unique circumstances. 

If you or someone you know is facing RICO charges in Miami, call our RICO lawyers at (786) 841-1109 or contact us online to schedule a consultation.

What Is the RICO Act? A Detailed Explanation

The RICO Act is codified under federal law as 18 U.S.C. §§ 1961-1968. Passed initially to dismantle organized crime syndicates, particularly the mafia, RICO allows for enhanced sentencing for individuals participating in criminal activities as part of an enterprise. 

The law was designed to overcome the challenges of prosecuting high-ranking members of criminal organizations who are often insulated from direct involvement in criminal acts. 

Over time, the statute has been applied to a wide range of criminal activities beyond its original focus, encompassing any illegal conduct performed as part of an enterprise that affects interstate or foreign commerce.

Under the RICO Act, various types of criminal activities can be considered racketeering, including:

• Murder
• Kidnapping
• Gambling
• Bribery
• Money laundering
• Drug trafficking

These activities, among others, fall within the broad definition of racketeering outlined in Section 1961 of the RICO Act. Understanding the full scope of racketeering is essential for anyone facing such charges, as the implications are severe and far-reaching.

The Difference Between Federal and Florida RICO Statutes

Florida’s RICO law, found in Chapter 895 of the Florida Statutes, serves a purpose similar to that of federal RICO law. It aims to combat organized crime by targeting patterns of racketeering activity within criminal enterprises. However, important distinctions between the state and federal laws impact how cases are prosecuted and the penalties imposed.

One of the main differences between Florida’s RICO statute and the federal RICO law is the scope of the activities they target. Florida’s law specifically addresses racketeering activities that violate state laws, making it particularly relevant for crimes confined within the state’s borders.

Another significant difference is the time frame required to establish a pattern of racketeering activity. Florida’s statute has a shorter allowable period between the predicate acts that constitute a pattern of racketeering.

Florida’s RICO statute also imposes longer maximum penalties for those convicted under its provisions than federal law.

The Components of a RICO Charge: What You Need to Know

The prosecutor must establish several components to prosecute and win a case under RICO.

These elements include the following:

• Existence of an enterprise: The prosecution must prove that an enterprise existed, which can be any legal entity or a group of individuals associated with a common purpose.
• Impact on interstate or foreign commerce: The criminal activities must have affected interstate or foreign commerce.
• Association with the enterprise: The defendant must be associated with or employed by the enterprise.
• Pattern of racketeering activity: The prosecution must demonstrate a pattern of racketeering activity, which requires proof of at least two predicate acts occurring within ten years.
• Participation in the enterprise's conduct: The defendant must have conducted or participated in the conduct of the enterprise through a pattern of racketeering activity.

The concept of "predicate acts" refers to the specific illegal activities that form the basis of the racketeering charges. Establishing a "pattern of racketeering activity" is crucial, as it links the defendant's actions to the broader enterprise. This requirement often makes RICO cases particularly complex, requiring detailed investigation and careful legal analysis.

Conspiracy to Violate RICO

Conspiring to violate the RICO Act is a serious federal offense beyond merely participating in criminal activities. Under the RICO statute, an individual can be charged with conspiracy even if they did not directly commit racketeering acts. The key aspect of a RICO conspiracy charge is the intent to further criminal activities that would violate RICO had those activities been carried out. A person can be convicted of a RICO conspiracy if they knowingly agreed to take part in a plan to engage in activities that, if executed, would constitute racketeering, regardless of whether those activities were ultimately completed.

Potential Penalties and Consequences of RICO Violations

RICO violations carry severe penalties under federal law. Criminal punishments can include up to 20 years in prison for each RICO count and substantial fines. 

The U.S. Sentencing Commission guidelines allow for various factors to be considered in determining the appropriate sentence, which can result in significantly longer sentences depending on the circumstances of the case.

Defendants may be required to forfeit any proceeds from the racketeering activities. 

In addition to criminal penalties, RICO also imposes civil liabilities. Victims of racketeering activities can file civil suits to recover triple the amount of actual damages (treble damages) they suffered due to the illegal conduct. This aspect of the law can lead to devastating financial consequences for those found guilty of RICO violations.

Defending Against RICO Charges: Strategic Legal Approaches

Defending against RICO charges is challenging but not impossible. As Florida racketeering lawyers our approach to defending racketeering cases involves thoroughly investigating the facts, uncovering weaknesses in the prosecution’s case, and gathering evidence to support our client's defense. 

Some defense strategies include:

• Challenging the pattern of racketeering activity: Disproving the existence of a pattern or demonstrating that the alleged acts were not related or part of continuous criminal activity.
• Questioning the existence of an enterprise: Arguing that the alleged enterprise does not meet the legal definition required under the RICO Act.
• Presenting legal defenses: Asserting defenses such as the lack of predicate acts, lack of intent, insufficient evidence, or withdrawal from the criminal enterprise.

In some cases, it may be possible to negotiate a plea agreement, mainly if exculpatory evidence is presented or the statute of limitations has expired.

Why Choose Us for Your RICO Defense?

Hager & Schwartz, P.A. has extensive experience handling complex federal crime cases, including those under the RICO Act. As Miami racketeering attorneys and former state prosecutors we bring a unique perspective to each case, allowing us to anticipate and counter the prosecution's strategies. We provide personalized service, crafting solid defenses to address the specific needs of our clients.

If you have been accused of involvement in racketeering activities in Miami, it is crucial to act quickly and secure experienced legal representation. Contact us at (786) 841-1109 to discuss your case and explore your legal options.

Frequently Asked Questions About RICO Charges

How Hard Is it to Beat a RICO Charge?

Due to the complexity and seriousness of these cases, defending against RICO charges can be highly challenging. The prosecution must establish that the defendant engaged in a pattern of racketeering activity connected to an enterprise. However, with a well-prepared and strategic defense, it is possible to challenge the prosecution's case effectively. The key lies in scrutinizing the evidence, exploring all legal defenses, and casting doubt on the prosecution’s arguments.

Can RICO Charges Be Dropped?

Yes, RICO charges can be dropped, but it depends on the strength of the prosecution’s case. To secure a conviction, the prosecution must prove each element of the RICO statute beyond a reasonable doubt. Charges may be dropped if the defense successfully challenges the evidence or identifies procedural errors or constitutional violations, such as improperly obtained evidence. An experienced defense attorney can explore every avenue to weaken the prosecution’s case and potentially achieve a dismissal.

What Is the Minimum Sentence for a RICO Charge?

A RICO conviction carries no mandatory minimum sentence, meaning the punishment can vary based on the case's specifics. However, the maximum penalty for a RICO conviction can be as high as 20 years. In some cases, it could be more if the underlying racketeering activities warrant additional penalties.

What Constitutes a RICO Violation?

A RICO violation involves several critical elements that the prosecution must prove:

• Pattern of racketeering activity: The defendant must have engaged in a series of related criminal activities, such as fraud, bribery, or extortion.
• Existence of an enterprise: The racketeering activities must have been conducted through an organized group or entity.
• Involvement of the defendant: The defendant must have been actively involved in the management or operation of the enterprise.
• Impact on interstate commerce: The racketeering activities must have affected interstate or foreign commerce.