Racketeering Attorney in Gilbert, Arizona.

Have you been charged with a RICO violation? A racketeering conviction can carry hefty penalties that leave your future uncertain. Having a qualified federal defense attorney on your side can provide confidence and be a resource that guides you throughout the entire legal process.

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What is RICO?

The defense attorneys at The Law Offices of Brandon White are highly skilled and compassionate individuals ready to fight on your behalf.

The Racketeer Influenced and Corrupt Organizations Act was initially passed in 1970 to address the prevalence of organized crime. The law allows law enforcement and prosecutors to investigate and prosecute criminal organizations that affect interstate and foreign commerce. Prior to RICO, prosecutors could not charge the person ordering the crimes to be committed, just the person who was carrying them out. RICO gave them the ability to take down the enterprise as a whole.

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What Crimes are Covered by RICO?

A RICO violation is when a person commits a pattern of racketeering activity in conjunction with an enterprise. Racketeering activity includes:

Arson
Bribery
Counterfeiting
Distribution of a controlled substance
Extortion
Homicide

Gambling
Kidnapping
Mail Fraud
Robbery
Wire Fraud
Witness Tampering

These crimes are predicate crimes, meaning they are components of a larger crime. To be charged with a RICO violation, a person must commit at least two predicate crimes within a 10-year period and have committed them in connection with an enterprise.

Penalties for Violating RICO

The exact penalties you could face for violating RICO depend on the crimes you’re accused of. Some common penalties include:

Prison Time

RICO convictions carry a minimum of 20 years with the possibility of life in prison, depending on the crimes’ severity.

Fines

Financial penalties vary from case to case. They can cost up to $250,000 or even twice as much as the proceeds generated from the crime.

Restitution

The convicted party may be ordered to pay restitution to the victim to compensate for their financial loss.

Asset Forfeiture

The court can require the forfeiture of any assets obtained during the crime’s commission, including real estate, bank accounts, and vehicles.

Treble Damages

Victims can sue for triple damages, which are triple the actual damages they incurred.

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Is There a Defense Against a RICO Violation?

After listening to your situation, a qualified federal criminal defense attorney can craft a solid defense strategy. Some potential defenses include:

No Pattern: RICO charges require proof of a pattern, typically the commission of two predicate crimes within a 10-year period. Your defense attorney may be able to argue that the crimes committed were isolated incidents.

Lack of Evidence: The prosecution must prove beyond a reasonable doubt that you participated in racketeering activity.

No Involvement in a Criminal Enterprise: Your defense attorney can argue that the alleged criminal enterprise does not exist or that you weren’t part of it.

Departure from Enterprise: Your defense attorney may argue that you left the criminal enterprise before any racketeering activity occurred. To use this defense, you must be able to prove that you completely and voluntarily left the organization.

Statute of Limitations: RICO charges are also subject to a statute of limitations. If the crimes you’re accused of occurred outside of this time, you may be able to use this information in your defense.

Your RICO Attorneys in Arizona

Like many federal charges, a RICO conviction carries serious penalties. Instead of testing your luck, you need to contact an attorney immediately to review your case and discuss potential options. Your freedom is at stake and deserves the fierce representation only our attorneys at The Law Offices of Brandon White can provide.

Reach out to us today to schedule your consultation. It’s time to get to work.