What You Need to Know
Racketeer Influenced and Corrupt Organizations (RICO) Act prosecutions can be complex with many moving parts. If you or a loved one is facing RICO charges in Georgia, it is crucial to retain an experienced RICO defense attorney. This blog provides an overview of RICO and highlights what you need to know if indicted.
What is RICO?
The RICO Act is a federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. To bring charges under RICO, prosecutors must prove either a "pattern of racketeering activity" or collection of an unlawful debt. This pattern generally requires at least two acts of racketeering activity within ten years of each other. Racketeering activity is defined in 18 U.S.C. § 1961 and includes state and federal crimes like bribery, money laundering, extortion, wire fraud, and drug trafficking.
Elements Prosecutors Must Prove
To obtain a RICO conviction, prosecutors must prove the following four elements beyond a reasonable doubt:
1. Existence of an enterprise: This can be a group of people associating together for a common purpose of engaging in a course of conduct.
2. Defendant's association with the enterprise: The defendant must be employed by or associated with the enterprise.
3. Pattern of racketeering activity: As noted above, the government must prove at least two predicate acts of racketeering activity within a 10 year period.
4. Enterprise's activities affect interstate commerce: The enterprise's activities must affect or have some connection to interstate commerce. Even a minimal impact is sufficient.
Meeting each element is no small feat. That is why it is crucial to retain an experienced RICO defense attorney well-versed in challenging these types of prosecutions.
Common Types of RICO Cases in Georgia
Some common types of RICO cases brought in Georgia include:
- Motorcycle gangs: Prosecuting alleged criminal activities of motorcycle gangs like the Hells Angels and Outlaws as ongoing criminal enterprises.
- Street gangs: Targeting alleged patterns of violence, drug trafficking and other crimes by street gangs in major cities. For example, the prosecution of the Gangster Disciples in Atlanta.
- Political corruption: Investigating public officials and their associates for extortion, bribery, fraud and other offenses related to abuse of power and position.
- Health care fraud: Dismantling alleged schemes involving medical professionals, operators and others that billed government health care programs for medically unnecessary services and treatments.
- Organized retail theft rings: Prosecuting multi-state fencing operations that allegedly stole high-end merchandise to resell illegally.
No matter the type of RICO case, the stakes are incredibly high. That is why it is vital to retain a Georgia RICO defense lawyer with extensive experience fighting these complex federal prosecutions.
Potential Penalties Under RICO
If convicted of RICO violations, defendants face severe criminal penalties including:
- Fines up to $25,000
- Imprisonment for up to 20 years per racketeering count
- Forfeiture of all property and proceeds derived from racketeering activity
- Order to divest interest and not engage in specified businesses
- Probation of up to 5 years
- Restitution
The government also has the ability to bring parallel civil RICO claims that can result in treble damages. Given the serious consequences, it is never advisable to represent yourself in a RICO matter. Hire an attorney immediately if under investigation or indicted.
In conclusion, RICO prosecutions are highly complex involving many moving parts. With the right RICO defense lawyer on your side, you can mount an aggressive defense challenging every element of the government's case. Do not hesitate to contact an experienced attorney for a consultation regarding your specific situation.
Our results speak for themselves: Millions Recovered | Cases Dismissed | Justice Restored
