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What are RICO Charges?

October 9, 2024 Posted In Criminal Defense

Certain types of criminal charges can be tried at the federal level. The Racketeering Influenced and Corrupt Organization (RICO) Act and racketeering charges are some of the most serious charges you can face. These are complex crimes that can span over decades. Individuals convicted of racketeering and RICO charges can expect to face harsh criminal penalties.

Working out a plea agreement or presenting a powerful criminal defense strategy may be the only way to secure a favorable outcome. Here is more about what the RICO Act says, the types of offenses that can be charged under RICO, parties who can be charged with racketeering, and how to clear your name of the allegations against you.

The Racketeering Influenced and Corrupt Organizations (RICO) Act

Under the Racketeering Influenced and Corrupt Organizations (RICO) Act, government officials can prosecute individuals participating in organized crime operations. The goal of the RICO Act was to prosecute racketeering and other criminal organization leaders. Before the RICO Act, these leaders could avoid prosecution because they were having others commit criminal offenses or run operations on their behalf.

Common Types of Racketeering Acts Include

Racketeering crimes can take multiple forms. Generally, for a crime to be charged under the RICO Act, investigators must be able to prove that at least two racketeering offenses have occurred within 10 years of each other as described under GA Code Section 16-14-3. Some examples of racketeering acts could include:

If convicted under the RICO Act, you could spend up to 20 years in prison and face enhanced penalties depending on the number of crimes you have been accused of committing. Victims of RICO violations may also be able to file civil lawsuits against those who took advantage of them. If found liable in civil court, you could be ordered to pay as much as three times the value of the victim’s losses.

Who Can Face RICO Charges

Although the RICO Act was implemented to catch “crime bosses”, there are also many other parties who can be charged. Some of the different parties that could face RICO allegations include:

  • Business owners
  • Corporate executives
  • Criminal networks
  • Cybercriminals
  • Drug cartel members
  • Financial scammers
  • Fraudulent medical professionals
  • Government officials
  • Human traffickers
  • Organized crime figures
  • Professionals who facilitate criminal enterprises
  • Street gangs

How to Defend Against RICO Charges

The prosecutor may be willing to work out a plea agreement if you are willing to aid them in their investigation. You may need to be prepared to give federal investigators inside information to secure a plea. However, not all district attorneys will be willing to offer plea agreements. If your case goes to trial, there are several potential defenses that could be used to clear your name, such as:

  • Lack of a criminal enterprise
  • Entrapment
  • Lack of supporting evidence
  • The statute of limitations expiring
  • Challenging the validity of predicate acts
  • Withdrawing from the conspiracy
  • Lack of intent
  • Misidentification
  • No pattern of racketeering activities
  • Police or prosecutorial misconduct
  • You were coerced or committed racketeering activities under duress

The circumstances of your case and the criminal charges against you will determine which defense strategy is most likely to return a favorable outcome.