If you are under investigation or have been charged with RICO crimes, you should understand the charges and potential penalties you may be facing. As explained in more detail below, RICO charges are not limited to mafia-related activities. Many crimes may be charged under the RICO Act, such as embezzlement, kidnapping, and money laundering.
Federal crimes attorneys at Vinas & Graham, PLLC, represent clients facing RICO charges. They know that RICO laws are often broadly applied to a wide variety of alleged criminal conduct and activities. Keep reading to learn more about RICO charges, the consequences of a conviction, and potential defenses.
What Is A RICO Charge?
RICO stands for Racketeer Influenced and Corrupt Organizations Act. This Act was originally enacted in 1970 to address loopholes that allowed organized crime leaders to escape responsibility for crimes they ordered to be committed by others in their organizations.
Although RICO was initially intended to curb mafia crimes, its application has been expanded to cover all types of criminal activity that can be tied to some type of enterprise or organization. Crimes that are often charged under the RICO Act include the following:
- Fraud
- Embezzlement
- Money laundering
- Robbery
- Bribery
- Gambling
- Arson
- Counterfeiting
- Dealing in obscene matter
- Dealing or trafficking controlled substances or chemicals
- Extortion
- Kidnapping
- Murder
- Terrorism
- Theft
- Obstruction of justice
- Transporting stolen goods
- Other types of organized criminal activities
A person can be charged with RICO violations if they engage in a pattern of criminal activity in connection with an enterprise or organization. An enterprise or organization involves two or more people working together. It is not necessary to prove that the people involved in the enterprise knew each other, only that they were involved in the organization.
A pattern of activity can be established by proving that a defendant committed any two of the RICO crimes within a ten-year window. The separate crimes can be the same crimes, such as two individual acts of bribery. Or they can be different crimes, such as a single act of embezzlement and an act of murder for hire.
As mentioned above, RICO can be broadly applied, especially when prosecutors only need to show that two crimes were committed within ten years of each other. Unfortunately, defendants with RICO charges are subject to severe penalties if convicted.
What Are The Penalties For A RICO Conviction?
Convictions based solely on a RICO charge can result in up to 20 years in prison and a $25,000 fine. However, the maximum sentencing may be increased if the maximum sentencing for the underlying crime is more than 20 years in prison. For example, if the underlying offense is murder for hire, you might be facing a sentence of life in prison.
In addition to fines and prison time, you could be required to forfeit money and other property that was derived from the alleged criminal activity. If you are indicted on RICO charges, prosecutors might seek an order for forfeiture and seizure of assets before you have been convicted of your charges.
Under federal and Texas state RICO laws, any victims of racketeering activities might seek restitution from defendants accused of RICO violations. For example, if you are accused of embezzlement, you might be required to return embezzled money and other property to crime victims.
RICO Case Examples
As described above, prosecutors must show a pattern of criminal activities, which means committing two or more RICO crimes within a ten-year period. Most RICO crimes involve making or obtaining money through illegal means.
Common types of RICO money-making schemes include drug trafficking, weapons trafficking, and murder or arson for hire. Human trafficking and transporting stolen goods are other offenses that can result in RICO charges.
Bribery and extortion are similar crimes frequently charged as RICO violations. Bribery involves promising money or something else of value to someone, usually a public official, to influence their judgment or conduct. Examples of bribery include offering money to a judge for a favorable ruling or a police officer to look the other way.
Extortion is different from bribery in that the offenders make threats to secure some type of payment or compensation. For example, threatening to publish someone’s private photos if they do not give you cash is extortion.
Has Anyone Ever Beat A RICO Case?
Yes, it is possible to beat a RICO case, especially with an experienced and skilled federal criminal defense attorney. Even if you believe that prosecutors have the evidence they need for a conviction, you should not give up and plead guilty to the charges against you.
Your charges may be dismissed or reduced if your rights were violated in the gathering of evidence. For example, law enforcement officers might have conducted an illegal search and seizure, violated your Miranda rights, or violated the chain of custody requirements after the evidence was collected.
You might also have a valid defense, such as you were not part of an organization or enterprise, or you did not knowingly commit a crime. Other potential defenses include mistaken identity, lack of evidence, and no pattern of criminal activity.
Even if there is evidence that you committed a crime, an attorney might be able to help you negotiate a plea bargain with prosecutors. Prosecutors are often willing to agree to lesser charges in exchange for a guilty plea to avoid the expense and risks of going to trial.
Contact A Houston RICO Charges Defense Attorney
If you or someone you know is facing federal or state RICO charges in Texas, A Houston RICO defense attorney at Vinas & Graham, PLLC, can help. Contact our office at 713-229-9992 or complete our online form for a private and confidential RICO defense consultation. We understand what is at stake when you are accused of a crime, and our attorneys will help protect your rights and your future.
Follow us on Facebook for more information about our law firm and how we can help you. We are committed to helping clients facing federal or state criminal charges in Texas.
