RICO is a sophisticated law that requires years of experience to use correctly and efficiently in court. A federal racketeering (RICO) Act lawyer can assist you in determining whether you have a credible defense to a federal criminal RICO indictment or civil RICO claim, as well as if your facts support a civil RICO complaint.
These same dedicated RICO attorneys will battle tooth and nail for clients facing federal RICO allegations in criminal court. Customers who want to launch a private RICO lawsuit or fight against a private RICO claim may count on them to provide the best service at a reasonable price. Request a case review by calling Chambers Law Firm at 714-760-4088 right now.
The RICO Act’s Background
The federal Racketeer Influenced Corrupt Organizations Act (RICO Act) is a federal law that provides for harsh criminal penalties as well as a civil cause of action for acts done as part of an ongoing criminal organization. Because the RICO Act is focused on racketeering, it allows for the prosecution of suspected leaders of a criminal organization, or syndicate, for the crimes they instructed others to commit.
RICO was enacted into law by President Richard Nixon in 1970, and it is most known for being used to convict mafia bosses who orchestrated mafia-related killings.
It has now become a far more widely used tool by federal authorities to combat a wide range of criminal activities, including the aforementioned violent crimes as well as complicated fraud, bribery, money laundering, and extortion schemes. A subsidiary provision, the “Violent Crimes in Aid of Racketeering” (VICAR) legislation, prohibits violent crimes such as murder, kidnapping, and assaults.
1962 Section
Section 1962 of the RICO Act forbids a RICO “person” from conducting an enterprise that affects interstate or foreign commerce via a pattern of racketeering or an alternate theory of illicit debt collection.
For example, a RICO individual who commits repeated acts of mail and wire fraud to manage the business of a legitimate firm or “association in actuality” might be charged under section 1962. Section 1962 makes it criminal to conspire to commit any of the three substantive offences.
It is crucial for anyone accused of RICO breaches to understand that a RICO conspiracy defendant does not have to personally control a business’s operations. Instead, the RICO defendant, i.e., the RICO “person,” needs simply agree with a defendant who is an operator or manager to handle the enterprise’s affairs via a pattern of racketeering activity for a judge to find sufficient evidence for conviction or guilt.
We Can Assist You in Fighting RICO Charges
A trained RICO attorney can effectively defend against a RICO claim using a variety of defenses. Consider the following scenario:
- The RICO “person” may or may not be separate from the business.
- It’s possible that the pattern of racketeering conduct isn’t “consistent” or tied to the business.
- The criminal indictment may not contain enough sentencing reasons to warrant a sentence beyond the statutory limit.
- It’s possible that the RICO complaint isn’t fully pled.
The appropriate defense for your case will be determined by a number of criteria. Allow Chambers Law Firm to assist you in determining the appropriate course of action. Call us right away at 714-760-4088 for assistance defending RICO allegations.
