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.

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