RICO is a complicated statute that needs to be used as a litigation tactic carefully and effectively, which takes years of experience. The merits of your defense to a federal criminal RICO indictment or civil RICO claim, as well as the viability of a civil RICO suit, could be assessed by a federal racketeering (RICO) attorney.
Read on to learn more about criminal and civil penalties for RICO violations. Then contact Chambers Law Firm at 714-760-4088 to request a legal consultation with a federal defense attorney.
The history of the RICO Act
The federal Racketeer Influenced Corrupt Organizations Act (RICO) is a legislation that, in plain English, provides for severe criminal penalties and a civil cause of action for actions carried out as part of a continuing criminal organization. Due to the RICO Act’s focus on racketeering, it is possible to prosecute accused leaders of a criminal organization or syndicate for the crimes that they allegedly directed others to commit. President Richard Nixon signed RICO into law in 1970, and it is arguably most known for being used to arrest mob lords who planned crimes related to the Mafia.
Federal authorities have already employed it considerably more frequently as a potent tool to battle a wide spectrum of criminal activity, from the violent crimes already mentioned to complex fraud, bribery, money laundering, and extortion schemes. The “Violent Crimes in Aid of Racketeering” (VICAR) legislation, a companion statute, deals with violent crimes such as murder, kidnapping, and assault.
Civil claims can also be brought under RICO
RICO also allows for private civil claims, and when correctly applied, it offers a strong instrument for securing triple (or more) damages and legal costs in commercial disputes.
The most frequently used substantive RICO provision, Section 1962(c), forbids a RICO “person” from managing a business that affects interstate or international trade by a pattern of racketeering or through an alternative basis of unlawful debt collection. For instance, section 1962 may be broken by a RICO person who repeatedly commits mail and wire fraud while managing the business of a corporation or “association in reality.”
RICO charges do not require that you personally managed the enterprise’s affairs
It is essential for persons accused of RICO charges to comprehend that a RICO conspiracy defendant need not personally manage an enterprise’s affairs. Instead, for a court to establish adequate evidence for conviction or responsibility, the RICO defendant himself, i.e., the RICO “person,” must simply concur with a defendant who is an operator or manager to administer the operations of the business via a pattern of racketeering activity.
There are many potential defense options to RICO related accusations
A knowledgeable RICO defense attorney has access to a wide range of potential defenses that they can use to refute a RICO charge. For instance, the RICO “person,” especially when a corporate defendant is alleged, 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; and the RICO complaint may not be pleaded with enough particularity when allegations of mail or wire fraud are made.
In order to successfully defend or pursue a RICO action, it is important to fully understand additional technical defenses, such as the “single-episode rule” and the Reves “operation and management” test. You can trust that Attorney Chambers has the necessary education and experience. Call Chambers Law Firm now at 714-760-4088 to request a free legal consultation.
