The Racketeer Influenced Corrupt Organizations Act, commonly known as the RICO Act, is a nuanced piece of legislation that mandates a deep understanding to proficiently navigate in a court of law. If you’re facing a federal criminal RICO indictment or considering a civil RICO claim, a seasoned RICO Act attorney is essential in helping you identify a strong defense strategy or ascertain the feasibility of your claim.
Federal defense attorneys experienced in the RICO Act are determined champions for their clients, whether they are providing defense against federal RICO charges or representing those looking to file or contest a private RICO case. If you find yourself in need of guidance, reach out to Chambers Law Firm at 714-760-4088 to schedule an assessment of your case.
Delving Into the Roots of the RICO Act
To simplify, the RICO Act is a federal law aimed at doling out stiff criminal sanctions and allowing civil lawsuits for actions performed in an ongoing criminal endeavor. Designed primarily to target racketeering, the RICO Act empowers authorities to prosecute alleged heads of criminal groups for the offenses they orchestrated through others.
Historically, the RICO Act, enacted in 1970 during President Richard Nixon’s tenure, is famed for its application against mafia heads associated with orchestrating organized crime. However, its reach has since expanded. Nowadays, it’s not just violent crimes that fall under its purview; the act encompasses a wide range of offenses, including fraud, bribery, money laundering, and even extortion. Running parallel to the RICO Act is the “Violent Crimes in Aid of Racketeering” or VICAR legislation, which clamps down on violent criminal actions like kidnapping, murder, and assaults.
Spotlight on Section 1962(d)
A key component of the RICO Act is Section 1962(c). This section forbids a RICO “person” from directing an enterprise that influences interstate or foreign trade via consistent racketeering or illicit debt collection. To illustrate, if a RICO individual consistently employs mail and wire fraud to manage a lawful entity or “association in fact,” they might be in breach of section 1962(c). Section 1962(d) further tightens the noose, criminalizing any conspiracies related to the previously mentioned offenses.
Importantly, individuals indicted under RICO must recognize that they don’t necessarily have to be directly involved in orchestrating an enterprise’s activities. The court simply needs enough evidence indicating that the accused RICO “person” concurred with an operator or manager in running the enterprise’s affairs through a consistent pattern of racketeering.
Standing Strong Against RICO Allegations
Defense strategies against RICO accusations are vast and varied. Some potential defenses include:
- Questioning the distinction between the RICO “person” and the enterprise.
- Arguing that the racketeering activity isn’t adequately linked or “continuous” with the enterprise.
- Highlighting insufficient allegations that call for sentencing beyond the stipulated maximum.
- Pointing out inadequacies in the RICO complaint.
Identifying the most effective defense approach hinges on the unique aspects of your situation. The professionals at Chambers Law Firm are equipped to guide you in deciding the optimal course of action. For a comprehensive consultation and a dedicated defense against RICO charges, contact us today at 714-760-4088.
