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Defending Philadelphia Federal RICO and Organized Crime Charges

March 21, 2024 Uncategorized

Defending Philly Fed RICO & OC Charges – Yikes!

Listen, getting slapped with federal charges is no joke. RICO, conspiracy, racketeering – this stuff sounds straight outta the movies. But this is real life, with very real consequences if not handled properly. As a Philly defense lawyer, I’ve seen many clients freaking out over scary-sounding federal indictments. I get it! Let’s break this down so you understand what you’re up against here.

What Exactly Are These Laws, Anyway?

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law designed to combat organized crime rings like the mafia. It lets prosecutors file charges against the entire criminal “enterprise”, not just individuals. So they can take down whole organizations by linking defendants to a pattern of crime.

To charge you under RICO, the feds have to show you participated in an “enterprise” committing at least two serious crimes from their list – things like fraud, bribery, money laundering, etc. These underlying crimes are called “predicate acts.”

Prosecutors also use “conspiracy” laws a lot in these cases. Basically, they just have to prove you made an agreement with others to commit some kind of crime, then took some step toward making it happen. Even if the crime never actually goes down.

Other typical charges include racketeering, drug trafficking, bribery, extortion, and so on. They throw the whole book at defendants in these cases!

Why Are the Feds Targeting Me?

The feds don’t waste their precious time on small fish. To take over a case from state or local cops, they need to suspect some kind of major criminal organization is involved.

So if the FBI or AUSA is gunning for you, it probably means they think you’re connected to serious organized crime. We’re talking traditional Italian mafia, biker gangs, Eastern European mobs, drug cartels – you name it.

Now don’t freak out just yet! They might have totally the wrong idea about you. Or maybe they’re trying to pressure you into ratting out higher-ups. My job is making sure they don’t railroad you into a conviction or sentence way worse than you deserve.

How Solid Is Their Case Against Me?

Every case is different. But federal indictments often sound more ironclad than they really are in practice.

Prosecutors tell the grand jury their side of things in secret, without any counter arguments. So the indictments end up sounding like you’re clearly guilty – even if there are major holes in their case!

My team will dig through all the evidence and witnesses to figure out what they can actually prove. Any exaggerations, assumptions, or lies we expose can create that all-important reasonable doubt.

We also negotiate constantly with the prosecution behind the scenes. There’s a good chance we can get charges dropped or reduced, once we show them the flaws in their case.

What Are the Consequences if Convicted?

You’re smart to be worried. Federal charges are no joke when it comes to potential prison time and fines.

RICO carries up to 20 years in federal prison and massive fines – on top of the sentences for the predicate crimes. And federal sentencing guidelines often call for way harsher punishments than similar state charges.

The damage to your finances, reputation, and relationships can also be devastating.

But nothing is ever certain in the legal system. With an aggressive defense focused on reasonable doubt, we have a fighting chance of beating the charges or bargaining them down significantly.

Even if convicted, skilled federal defense lawyers know how to argue for leniency at sentencing. We’ll emphasize things like your minimal criminal history, family obligations, health issues or any other mitigating factors. And yes – snitching on higher-ups in exchange for a lighter sentence is an option too.

How Do I Fight Back Smartest?

Trying to handle complex federal charges alone is just asking for a nightmare. You need experienced RICO lawyers in your corner ASAP.

On your defense team, you’ll likely have both top-notch federal criminal attorneys as well as former federal prosecutors. This inside expertise allows us to exploit any weak spots in the prosecution’s case.

We’ll start by filing challenges and motions to get evidence thrown out if it was obtained illegally. For example if cops violated your rights or the warrants were bogus.

Next we’ll aggressively attack the prosecution’s witnesses and evidence through cross examination and our own witnesses. If we create enough uncertainty around the facts, you can win a full acquittal.

We’ll also negotiate constantly with the prosecution. Often we can get charges dropped or reduced significantly in exchange for some concession – even at the last minute.

If bargaining doesn’t work, we take it all the way to a federal jury trial. We only need one juror to doubt some aspect of the government’s case to hang the jury. And hung juries often lead to much better plea deals since the prosecution realizes their case isn’t strong.

So don’t lose hope! The federal justice system may seem stacked against you, but skilled RICO defense lawyers know how to even the odds. We’ve helped numerous clients in Philly and beyond make it through these nightmare cases. Let us go to bat for you too!

 

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Todd Spodek

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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