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Federal RICO Conspiracy Charges in New York: An Overview
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Federal RICO Conspiracy Charges in New York: An Overview
Being charged with a federal crime can be an incredibly scary and overwhelming experience. RICO conspiracy charges, in particular, can carry heavy penalties and be complex to understand. This article aims to provide a helpful overview of federal RICO conspiracy laws in New York, written in simple terms that a high school student would grasp.
RICO stands for the Racketeer Influenced and Corrupt Organizations Act. It was passed by Congress to help prosecutors go after organized crime operations. Under RICO, it is illegal to acquire or run an enterprise through a pattern of criminal activity. An “enterprise” can be pretty much any business or organization, legal or illegal. The “pattern of criminal activity” means there were at least two criminal acts committed within 10 years.
Here’s an example. Let’s say John runs a chain of pizza restaurants that he uses to launder money from his illegal drug sales. The pizza chain would be considered the “enterprise.” The repeated acts of money laundering would be the “pattern of criminal activity.” Under RICO, John could be charged with acquiring or operating the pizza restaurants through this pattern of illegal activity.
RICO conspiracy charges mean you’re accused of agreeing with others to violate RICO. The government doesn’t need to prove you actually committed the criminal acts under RICO. Just planning or agreeing to commit those acts with others is enough for a RICO conspiracy charge.
RICO conspiracy falls under 18 U.S.C. § 1962(d). The law says:
It shall be unlawful for any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of this section.
Subsections (a), (b), and (c) are the parts that define what’s illegal under RICO. So conspiring to violate those sections is a RICO conspiracy. Let’s break down what’s required for a RICO conspiracy charge:
There Must Be an “Enterprise”
An enterprise can be any business, organization, or group of people associated together for a common purpose. This includes legal businesses as well as criminal organizations. Common examples of enterprises are corporations, partnerships, unions, or other associations.
The enterprise doesn’t have to be a formal business either. Any informal group of associated individuals can qualify. For example, a street gang could be considered an enterprise under RICO.
There Must Be a “Pattern of Racketeering Activity”
This means at least two racketeering acts were committed within 10 years of each other. Racketeering acts can include a wide range of state and federal crimes like:
- Murder
- Kidnapping
- Arson
- Extortion
- Drug trafficking
- Money laundering
- Counterfeiting
- Embezzlement
- Securities fraud
The racketeering acts don’t need to be successful. Just attempting or conspiring to commit them is enough. And the defendant doesn’t need to commit the acts themselves. They can be liable for acts committed by co-conspirators in furtherance of the criminal enterprise.
There Must Be an Agreement to Commit the Racketeering Acts
For a RICO conspiracy charge, the government has to prove there was an agreement between the defendant and others to commit at least two racketeering acts. There doesn’t need to be a formal or written agreement. A verbal agreement or mutual understanding is enough.
The defendant also doesn’t need to know all the details or members of the conspiracy. They just need to know the general nature of the criminal enterprise and agree to participate in some way.
A good analogy is a drug conspiracy. The government doesn’t have to prove that everyone in the operation knew each other or all the details. As long as they knowingly agreed to participate in some way, they can be part of the drug conspiracy.
Connection to an Interstate Commerce
Federal RICO charges require that the criminal enterprise affects interstate or foreign commerce in some way. This could include things like:
- Buying supplies or services from other states
- Selling goods or services to customers in other states
- Using interstate mail, phone calls, or electronic communications
- Transporting money or people across state lines
The connection to interstate commerce doesn’t need to be direct either. Even a minor indirect effect is enough to qualify under RICO.
Penalties for RICO Conspiracy
Like other federal conspiracy charges, RICO conspiracy penalties are tied to the underlying racketeering acts. A RICO conspiracy conviction can carry up to 20 years in prison per racketeering act. Fines up to $250,000 or twice the amount gained from the crime can also be imposed.
In addition, any assets connected to the criminal enterprise can be seized through forfeiture. This includes property like homes, cars, boats, and money. The government can even seize the entire organization if it was acquired illegally.
Defenses Against RICO Conspiracy
Some possible defenses against RICO conspiracy charges include:
- No enterprise – Argue the alleged “enterprise” doesn’t qualify under RICO’s definitions
- No pattern – Argue there wasn’t a pattern of at least two racketeering acts
- No agreement – Argue you didn’t agree to participate in the conspiracy
- Statute of limitations – Argue too much time has passed to prosecute
- Lack of intent – Argue you didn’t know about or intend to join the conspiracy
A skilled criminal defense lawyer can analyze the prosecution’s case and identify potential defenses based on the specific facts and evidence.
Why You Need an Attorney for RICO Conspiracy Charges
RICO cases can be extremely complex with the interplay of various state and federal charges. An experienced attorney is essential to build an effective defense strategy.
A lawyer can evaluate all the evidence and charges to identify weaknesses in the prosecution’s case. For example, they may find issues with how the “enterprise” is defined or if there truly was an “agreement” between co-conspirators.
An attorney can also negotiate with prosecutors for reduced charges or sentencing recommendations. And if necessary, they can vigorously defend your case at trial.
Don’t go it alone against federal RICO conspiracy charges. The risks are too high. Talk to a criminal defense lawyer and start building your defense today.