What is a RICO Charge? A RICO charge alleges that an individual may be part of organized crime and may include a pattern of fraud, embezzlement, bribery, money laundering, narcotics offenses, or murder.
If you have been arrested on a RICO charge, a Columbus criminal defense lawyer may be able to mitigate the damaging consequences and represent your best interests.
How Are Rico Charges Defined?
In 1970, Congress enacted the Racketeer Influenced and Corrupt Organizations (RICO) Act to fight organized crime by making it illegal to develop, facilitate, or otherwise participate in a wide range of associated violations.
How Prosecutors Make the Case
To build a case for RICO charges, law enforcement and prosecutors work together to show your alleged connection to a criminal enterprise. These charges may be brought against you alone or as part of a group believed to be part of organized crime. The prosecutors must be able to prove to the court that:
- You committed at least two crimes that qualify as activities that fall under the RICO Act
- You knowingly participated in the crimes
- Your illegal activities helped the organization through, for example, financial improvements, leadership, or coordination of the organization’s activities
- The two crimes were committed within a 10–year period
- The criminal actions you took are associated with organized crime. The organized crime does not have to be a formal association like a gang
- Your crimes impacted international or interstate commerce
Evidence the Prosecution May Use to Establish a Case
In order to make their case, law enforcement and prosecutors may obtain approval for and use wiretaps, engage witnesses, or even turn associates of yours into informants and subpoena your financial records.
They use all of the information they gather to try to prove that you were part of an organized effort to commit the crimes alleged under the RICO Act.
Use of Public Opinion
Another part of their case will involve the court of public opinion. Prosecutors will want to talk to the court and the press about any financial gain or authority, actual or perceived, that you gained from your allegedly criminal actions.
A lot of time, effort, and money goes into the investigation and prosecution of these cases.
For a free legal consultation, call 614-884-1100
Your Criminal Defense Attorney in Columbus Fights Back
With so many people lining up against you, your defense team needs to be strong and ready to fight for you. At Koffel | Brininger | Nesbitt, our attorneys have been defending against RICO charges for more than 30 years. We have the field of vision to see what’s coming and the legal and business instincts to know what is around the corner..
Your defense strategy has to be multifaceted and agile. Together, we may decide to challenge the prosecutor’s proof of the existence of an organization engaging in illicit activities.
We may choose to admit to the organization’s existence but challenge whether you were involved or the acts you allegedly committed were related to the organization. Those defenses have a chance of success against even a well-compiled prosecutor’s case.
Other defense options include challenging the prosecution’s witnesses or evidence, creating doubt about informants who provide testimony in exchange for immunity for their crimes, and questioning the constitutionality of actions like wiretaps.
What Penalties Can Be Associated with a Rico Charge?
The Government sees RICO as a strong disincentive against corruption, gangs, and improperly influenced politics. Prosecutors will seek strong penalties for the cases they bring under RICO.
Potential penalties include:
- Prison sentences – While the length of prison sentences varies based on many factors, the U.S. Department of Justice, Bureau of Prisons, reports that the median time served was 87 months between 2018 and 2022. Each RICO charge can carry up to a 20-year prison sentence. When multiplied across charges, these sentences grow very long and very quickly.
- Fines – RICO charges come with a fine of up to $250,000 or a calculated amount. The calculation is “times two” – twice the value of the profits you made through criminal activities or twice the value of the losses you caused through those actions.
- Asset seizure – Even without a conviction, prosecutors can request that the court grant a pre-trial restraining order that would prevent you from transferring any of your assets pending trial and even seize your assets until the charges are resolved. Of course, if convicted, the Government can seize your assets or retain those assets seized prior to the sentencing.
If you are facing RICO charges, it is important to understand the cost of being convicted of a crime and what it does to your future prospects.
Convictions mean giving up numerous rights, including the right to vote, the right to bear arms, the right to run for public office or serve on a jury, and risks deportation if you have immigrated here.
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Our Columbus Criminal Defense Lawyer is Ready to Help You Fight
Koffel | Brininger | Nesbitt is ready to take your call and set an appointment for a consultation to determine whether we can take your case. We work with clients throughout Ohio and have an impressive track record of successful outcomes and “not guilty” verdicts.
After serving more than 15,000 clients and receiving numerous awards for our work, we are able to state that we take our cases seriously because we take our clients seriously.
We want to help you manage everything that comes from the charges against you. Other than the legal penalties discussed above, a conviction under RICO can impact your life and work for the foreseeable future. Reputational damages are real, and a criminal record is not an easy thing to overcome.
When representation matters, call the firm other lawyers call. We are available 7 days per week from 7:00 a.m. until 10:00 p.m. You will feel better as soon as you talk to us.
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