RICO is a complex statute that requires many years of experience to properly and successfully utilize as a litigation tool. A federal racketeering (RICO) lawyer could work to determine whether you have a meritorious defense to a federal criminal RICO indictment or civil RICO claim, as well as determine whether your facts would support a civil RICO claim.
These same dedicated RICO lawyers will work tirelessly for clients seeking criminal defense to RICO indictments brought by the government. They are driven to provide the best possible service at a reasonable cost to clients who are seeking to bring a private RICO action, or who are seeking defense to a private RICO claim.
Our team can co-partner with other law firms that desire to bring or defend a RICO claim but perhaps lack the breadth and depth of knowledge required for litigating complex RICO cases.
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In layman’s terms, the federal Racketeer Influenced Corrupt Organizations statute (RICO) is a federal law that allows for significant criminal penalties and a civil cause for action for acts that are performed as part of an ongoing criminal organization. The RICO Act focuses specifically on racketeering, and therefore allows the alleged leaders of a criminal organization, or syndicate, to be tried for the crimes which they ordered others to commit. RICO was signed into law by President Richard Nixon in 1970, and it is probably best known for its use to prosecute mob bosses who orchestrated Mafia-related crimes.
It has since become much more widely used by federal authorities as a powerful tool to combat a broad range of criminal activity, ranging from the previously discussed violent crimes to sophisticated fraud, bribery, money laundering, and extortion schemes. A companion statute, the “Violent Crimes in Aid of Racketeering” (VICAR) statute, proscribes violent crimes, including murder, kidnapping, and assaults.
RICO also provides for private civil causes of action (18 U.S.C. sec. 1964(c)), and when properly used provides a potent tool to obtain treble (or triple) damages and attorney fees in business litigation. Specifically, the RICO statute provides for three different substantive violations as described in 18 U.S.C. section 1962(a) (b) and (c)(RICO substantive provisions), and 18 U.S.C. 1962(d) ( RICO conspiracy).
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Section 1962(c) is the most commonly utilized substantive RICO provision and proscribes a RICO “person” from conducting the affairs of an enterprise affecting interstate or foreign commerce through a pattern of racketeering or through the alternate theory of collection of unlawful debt. For example, a RICO person who conducts the affairs of a legal entity or “association in fact” through multiple acts of mail and wire fraud may be found in violation of section 1962(c). And section 1962(d) makes it a crime to conspire to commit any of the three substantive offenses.
What is crucial for those accused of RICO offenses to understand is that it is not necessary for a RICO conspiracy defendant to personally conduct the affairs of an enterprise. Rather, the RICO defendant himself, i.e., the RICO “person, ” needs only to agree with a defendant who is an operator or manager to conduct the affairs of the enterprise through a pattern of racketeering activity for a court to find sufficient evidence for conviction or liability.
There are numerous possible defenses a skilled RICO practitioner can utilize to defeat a RICO claim. For example, the RICO “person, ” particularly when a corporate defendant is alleged, may not be distinct from the enterprise; the pattern of racketeering activity may not sufficiently be “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 sufficient particularity when mail or wire fraud allegations are alleged.
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There are other technical defenses to RICO claims — such as the “single-episode rule, ” and the Reves “operation and management” test — which must be thoroughly understood in properly defending or bringing a RICO claim.
The firm’s team is extremely effective and efficient at reviewing complex files and understanding and identifying the relevant and ultimate issues in the case. Our federal racketeering (RICO) lawyers could effectively and efficiently analyze and solve labyrinthine legal problems and will enable any client to easily, and affordably, consider whether they should bring a civil RICO claim. The team has the knowledge, the experience, and the ability to complete projects in a timely manner and will work hard to provide their clients with exceptional legal service while focusing on sparing them the strain of any unnecessary costs.
Additionally, a civil RICO claim could be of invaluable benefit to clients when one considers the possibility for treble damages and awards of attorney fees and provisions.If you are facing criminal charges, call a criminal lawyer with a proven track record. As a prosecutor, Mr. Rodriguez handled thousands of cases, including Death Penalty trials.
R. Mark Halligan
Have you been indicted on federal RICO charges in Los Angeles? Contact the experienced Los Angeles federal criminal defense attorneys at The Rodriguez Law Group for immediate assistance. An aggressive defense is the only way to protect yourself from serious penalties, including decades behind bars. Our RICO defense lawyers will put together a dynamic defense strategy and fight to prosecution at every turn.
Facing charges from the state is one thing, but facing charges from the federal government is an entirely different ballgame. To say tha the stakes are high is an understatement. If convicted, you could be spending decades in prison. The best way to protect your future is by making sure you seek help from an experienced federal crimes lawyer.
The criminal defense lawyers at The Rodriguez Law Group have over 20 years of experience handling all kinds of criminal cases. Attorney Ambrosio E. Rodriguez is a former prosecutor who has handled some of the toughest cases in the country. When you contact us for help, our attorneys will set up a time to sit down with you and discuss your case. Contact us today for immediate legal assistance.
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RICO is a federal law that stands for Racketeering Influenced and Corrupt Organizations. It’s part of the Organized Crime Control Act of 1970.
Before RICO, only the members of crime organizations who actually carried out criminal activities could be arrested, charged, and convicted. That meant that individuals – usually members higher up in the chain of command – who ordered or orchestrated crimes couldn’t be prosecuted.
Now the federal government has the power to charge anyone who belongs to or participates in a criminal enterprise with racketeering activity.
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Under RICO, you must be “employed by or associated with” an enterprise to face criminal charges. An enterprise is defined broadly to include “any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity.”
However, in reality, an enterprise can include more innocuous groups, like businesses, political organizations, political campaigns, and even police departments. In fact, the co-conspirators in the recent college admissions scandal were even considered an enterprise for RICO purposes.
When you hear the term RICO, you might automatically think of racketeering. The two actually go hand-in-hand. That’s because, under RICO, it is “unlawful for anyone employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity or collection of unlawful debt.”
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What does it mean to engage in a pattern of racketeering activity? Basically, you have to commit at least two crimes within a 10-year period. The crimes must be related, have similar purposes, and pose a “threat of continued criminal activity.”
Not just any crimes will count toward a pattern of racketeering activity. Rather, there’s a list of 35 federal offenses and 8 state crimes – known as “predicate offenses” that can lead to a RICO charge. These include:
Under RICO, it’s not just the members who actually carry out and commit these offenses who can face criminal charges. The law also allows the government to prosecute anyone in the criminal enterprise who might be associated with the offenses.
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In any criminal case, the government has the burden of proving that a defendant is guilty of a specific offense. Different crimes have different elements. Each of the elements of an offense must be proven.
That’s the penalty for each individual count of racketeering charges. So, you could potentially face decades behind bars if you’re convicted on multiple counts.
In addition to imprisonment and fines, you can also be forced to forfeit any assets that were secured as a result of criminal activity or on behalf of the enterprise. In many RICO cases, federal prosecutors ask a court to authorize an order to seize a defendant’s assets early-on in the process in an effort to avoid a rushed liquidation.
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Additionally, anyone harmed by a criminal enterprise can file a civil lawsuit for damages. So, in addition to having your assets seized, you might be required to pay substantial compensation to victims of a scheme.
RICO cases are tried by prosecutors with specialized legal training and extensive experience handling cases involving
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