Federal Charges Related to the RICO Act Are Complex and Require the Help of a Skilled Defense Attorney
RICO is a complicated legislation that needs years of knowledge to properly and effectively use in court. A federal racketeering (RICO) Act attorney can help you decide whether you have a viable defense to a federal criminal RICO indictment or civil RICO claim, as well as if your facts support a civil RICO suit.
These same committed RICO attorneys will fight relentlessly for clients seeking criminal defense against federal RICO charges. They are committed to providing the finest possible service at a fair cost to customers wishing to file a private RICO case or defend against a private RICO claim. Call Chambers Law Firm now at 714-760-4088 to request a case evaluation.
The History of the RICO Act
In layman’s terms, the federal Racketeer Influenced Corrupt Organizations Act (RICO Act) is a federal legislation that provides for severe criminal penalties and a civil cause of action for conduct committed as part of a continuing criminal enterprise. Because the RICO Act is focused on racketeering, it permits suspected leaders of a criminal organization, or syndicate, to be tried for the crimes they directed others to commit.
President Richard Nixon signed RICO into law in 1970, and it is most recognized for being used to prosecute mafia bosses who coordinated Mafia-related murders.
It has subsequently been a far more extensively utilized weapon by federal authorities to target a broad spectrum of criminal activities, including the previously mentioned violent crimes and complex fraud, bribery, money laundering, and extortion operations. The “Violent Crimes in Aid of Racketeering” (VICAR) legislation is a companion statute that prohibits violent crimes such as murder, abduction, and assaults.
The most often used substantive RICO provision is Section 1962(c), which prohibits a RICO “person” from operating the operations of an enterprise impacting interstate or foreign commerce via a pattern of racketeering or an alternative theory of illegal debt collection.
For example, a RICO person who engages in repeated acts of mail and wire fraud to run the affairs of a legal company or “association in reality” may be held in violation of section 1962(c). Conspiring to conduct any of the three substantive crimes is also illegal under section 1962(d).
It is critical for people accused of RICO violations to realize that a RICO conspiracy defendant does not have to physically manage the activities of a business. Instead, for a court to establish adequate evidence for conviction or culpability, the RICO defendant, i.e., the RICO “person,” must only agree with a defendant who is an operator or manager to run the enterprise’s affairs via a pattern of racketeering behavior.
We Are Here to Help You Fight RICO Charges
A qualified RICO attorney can use a variety of defenses to defend against a RICO suit successfully. For example:
- The RICO “person” may not be distinct from the enterprise
- The pattern of racketeering activity may not be sufficiently “continuous” or related to the enterprise
- The criminal indictment may not adequately allege sentencing factors to sentence in excess of the statutory maximum
- The RICO complaint may not be sufficiently pleaded
The best defense for your specific case will depend on a variety of factors. Let Chambers Law Firm help you determine the best way forward. Call us now at 714-760-4088 for help fighting back against RICO violation charges.