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Racketeering is both a state-level and federal-level charge that involves organized criminal activity as well as a series of criminal activities. To be classified as racketeering, a pattern of somewhat related crimes that preclude more serious crimes such as drug trafficking, prostitution, money laundering, gambling, and other illegal ventures are committed as part of an overall organized criminal enterprise, generating illegal revenue.
Called “predicate crimes,” they are frequently disguised as lawfully conducted business activities, making them harder to distinguish and indict.
Charges can be brought by powerful federal and state agencies, many of which have nearly unlimited resources to pursue a conviction. The FBI, DOJ, DEA, ATF, IRS, Homeland Security, and even the SEC are just a few of the many agencies that can bring racketeering charges against one or more individuals and businesses.
Anyone facing racketeering charges needs the strong criminal defense team of Farkas & Crowley who understand both RICO and federal court defense.
This is the federal law that covers racketeering in all forms. RICO covers a wide variety of crimes committed by a group of individuals operating as an organized business organization. However, even legitimate businesses can be engaged in racketeering.
The passage of the federal RICO laws in 1970 allows for the prosecution of an entire organization rather than just individuals involved in illegal activity. Originally intended to fight organized crime mobs, RICO has broadened to include a wide range of crime rings and other criminal operations. These crimes include:
• Acts of terrorism
• Arson
• Bribery
• Copyright infringement
• Counterfeiting
• Dogfighting (a felony in all 50 states, as well as being a spectator at a dog or other animal fight)
• Drug and weapons trafficking
• Extortion
• Human trafficking and slavery
• Illegal gambling operations
• Kidnapping
• Loan-sharking
• Mail fraud, wire fraud, and other types such as healthcare/Medicare fraud
• Money laundering
• Murder for hire
• Obstruction of justice or a criminal investigation
• Offering paid “protection”
• Passport fraud
• Robbery
• Witness tampering
Organized crime is an enterprise whose individual members are engaged in a variety of crimes that may or may not be related. To prove that a group of individuals engaged in racketeering, the government must prove beyond a reasonable doubt that:
• An enterprise existed and that it affected commerce across state lines and involved a pattern of activity.
• An individual was employed by or associated with the criminal enterprise organization.
• The defendant engaged in racketeering activity and took part in racketeering through the commission of at least two acts of racketeering activity in ten years.
Commision of a single crime may not look like racketeering activity. However, a combination of other crimes and activities in a given period can point to a racketeering organization.
Because racketeering is a serious charge, its defense must be carefully built. A single racketeering conviction can lead to long jail sentences, but rarely is someone charged with a single count. An individual must be part of an enterprise or organization, so it’s not just one person being charged with RICO. Winning over racketeering charges is possible, but requires the help of an experienced criminal defense team.
A prosecutor must be able to prove that racketeering activity or a criminal organization existed. Without sufficient evidence to prove their claim, a racketeering lawyer can work to have the charges dropped completely.
The prosecution must also show a pattern of racketeering activity, typically two acts of racketeering in ten years. Another defense strategy is to show that these two acts were isolated and unrelated, and do not demonstrate a pattern required for racketeering.
With a five-year statute of limitations on criminal racketeering charges, prosecutors may have waited too long to take action. If a prosecutor attempts to bring charges on activity that occurred outside of the time limit, we can use this as a defense to thwart prosecution.
Was someone involved with a group involved in organized crime? We can argue that you were not associated with a group in a way that qualifies for racketeering, or that the group in question doesn’t meet the legal definition of a criminal enterprise.
Alternately, if the group is a criminal enterprise, a person’s complete voluntary withdrawal from the enterprise and attempts to prevent criminal activity is also a defense.
A person induced, coerced, or otherwise forced into committing a crime by law enforcement is known as “entrapment.” This means that an individual would not normally commit a crime but the involvement of law enforcement’s coercion and involvement. Proving entrapment is also an affirmative defense for racketeering.
Defenses are possibly a defense for both state and federal racketeering charges. However, you must work with a criminal defense team that has considerable experience with both state and federal-level criminal courts to have a chance at being successful and winning your case. Federal agencies have considerable resources available to charge you and get a conviction. If you lose your case, you’ll be facing a considerable jail term along with high fines.
Both Adam Farkas and Jacqueline Crowley have this experience and will work tirelessly to investigate the charges and build the best defense for your case. If you’ve been contacted by federal investigators, speak to our criminal defense attorneys first before making any statements to anyone else. Our criminal defense team has considerable experience defending clients against RICO charges. If you’re facing charges under RICO, contact our office today to discuss your case.
Any racketeering charge is a felony, whether on the state or federal level. Conviction can mean years in prison and thousands or millions in fines. You need a strong criminal defense attorney who can represent you in both state and federal court and protect your rights.
If you or someone you know has been arrested for racketeering under RICO or other white-collar criminal charges in West Palm Beach, or notified that you are under investigation for racketeering, contact Farkas and Crowley P.A. immediately, today. You can call us right now at 561-444-9529 to discuss your case in a free consultation.
Looking for a criminal law firm? Farkas & Crowley, P.A. are the attorneys for you. They are extremely knowledgeable of the law and go the extra mile for their clients. Their expertise and impeccable work ethic are hard to beat. Available 24/7. Highly recommended.
-Marla Newman
500 S. Australian Ave.
6th Floor
West Palm Beach, FL 33401
(561) - 444 - 9529
Mon - Fri: 9 am – 5 pm
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. No content on this site may be reused in any fashion without written permission from criminal defense attorneys at Law Office of Farkas & Crowley, P.A.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. No content on this site may be reused in any fashion without written permission from criminal defense attorneys at Law Office of Farkas & Crowley, P.A.
