Fighting Complex Federal RICO Charges in New York: An Overview

Fighting Complex Federal RICO Charges in New York: An Overview

Being charged with a complex federal crime like RICO can be an incredibly scary and overwhelming experience. RICO stands for the Racketeer Influenced and Corrupt Organizations Act, which was originally designed to combat organized crime syndicates like the mafia. But over the years, federal prosecutors have used RICO charges in more creative ways against a wider range of defendants. In New York, RICO laws are frequently used to go after street gangs, white collar criminals, and even politicians. The penalties are severe, and the legal intricacies make these cases extra challenging to fight.

If you or a loved one are facing RICO charges in New York, don’t go through it alone. Read on for an overview of how these complex laws work, potential defenses, and why working with an experienced attorney is so critical.

What is RICO?

Congress passed the Racketeer Influenced and Corrupt Organizations Act (RICO) in 1970 to help crack down on the mafia and other organized crime outfits. The main purpose of RICO laws is to make it easier to prosecute the leaders and members of criminal organizations for the patterns of criminal activity they engage in.

RICO makes it a federal crime to belong to an organization that engages in a “pattern of racketeering activity.” This includes many types of crimes like:

• Murder
• Kidnapping
• Extortion
• Arson
• Drug trafficking
• Money laundering
• Bribery
• Embezzlement

RICO also makes it illegal to conspire to commit those crimes, or to help advance the criminal enterprise in any way. Defendants don’t necessarily have to commit the crimes themselves – just being associated with the criminal organization is enough to warrant charges.

How RICO Works

There are four key elements prosecutors have to prove for a RICO conviction:

1. There was an enterprise or organization
2. The enterprise was engaged in or affected interstate commerce
3. The defendant was associated with or employed by the enterprise
4. The defendant engaged in a pattern of racketeering activity connected to the enterprise

The “enterprise” doesn’t have to be a mob family like in the movies. It could be a street gang, a corporation, a political group, or even an otherwise legitimate business that sometimes engages in criminal activity. There just has to be some identifiable organization working together toward a common illicit purpose.

Showing a “pattern” of racketeering activity requires at least two criminal acts within 10 years of each other. While RICO originally targeted violent organized crime, federal prosecutors today go after many white collar crimes using RICO as well.

RICO Charges in New York

Federal prosecutors in New York aggressively wield RICO laws against a wide range of defendants today. In recent years they’ve gone after:

• Gangs like MS-13
• Mafia operations
• Corrupt public officials and government employees
• Police officers
• Wall Street financial workers
• Cybercriminals
• Drug trafficking organizations

RICO provides powerful tools for dismantling entire criminal networks and leadership structures. Anyone involved with the criminal organization can potentially face charges – you don’t have to be a leader or boss.

Penalties for RICO Convictions

A RICO conviction can lead to severe penalties. Maximum sentences include:

• Up to 20 years in prison per racketeering count
• Fines of up to $25,000 per count
• Forfeiture of any assets obtained from racketeering activity

RICO also allows private individuals or the government to file civil lawsuits against RICO defendants. If successful, plaintiffs can collect up to three times the amount of damages proved in court.

Given the steep penalties and stigma associated with a RICO conviction, putting up a vigorous defense is critical.

Fighting RICO Charges in New York

When facing RICO charges, the deck is heavily stacked against defendants. Federal prosecutors have huge budgets and resources. Plus judges and juries are often inclined to view RICO defendants in a negative light.

But complex RICO cases also have vulnerabilities savvy defense attorneys can exploit. Here are some strategies criminal defense lawyers use:

Questioning the “Enterprise”

One approach is to argue the alleged “criminal enterprise” doesn’t meet the legal definition. There may be insufficient structure or organization between members. Or the enterprise may lack a truly common illicit purpose. Poking holes in the enterprise element forces prosecutors to scramble to tie the pieces together.

No Actual “Pattern”

Defense lawyers also look closely for weaknesses in the alleged pattern of racketeering activity. Perhaps the criminal acts aren’t sufficiently related to each other. Or too much time passed between incidents to constitute an ongoing pattern. Negotiating or beating just one of the predicate racketeering acts can sometimes unravel the broader RICO case.

Contesting Membership or Association

Fighting charges the defendant was connected or associated with the criminal enterprise is another avenue. Maybe they were just loosely affiliated or involved against their will. Destroying the membership link between defendant and enterprise can defeat the charges entirely.

Using Informants

Turning cooperating informants against their former associates is common in RICO cases. But informants often have credibility issues that skillful lawyers can expose. Their incentives to fabricate information for lighter sentences give defense attorneys openings to undermine their claims.

Exploiting Technicalities

The complex nature of RICO laws also leaves them vulnerable to technical legal challenges. From issues with statutes of limitations, improper indictments, through misapplication of the complex RICO statutes – savvy defense lawyers can often find technical problems to exploit.

Sentencing Mitigation

Even if a RICO conviction can’t be avoided entirely, arguing for reduced sentencing is critical. Defendants can negotiate plea deals or cooperate as informants themselves. Aggressive sentencing advocacy and appeals can sometimes lead to dramatically shorter sentences.

Why RICO Defendants Need Experienced Counsel

Given the high stakes, fighting RICO charges aggressively with experienced counsel is essential. RICO cases often come down to dueling narratives, so skilled lawyers make a huge difference.

A good RICO attorney thoroughly investigates the prosecution’s version of events. They dig for evidence about the structure of the alleged enterprise, witnesses who dispute the prosecution’s account, and legal flaws in the government’s theory of the case.

Knowledgeable counsel studies the prosecution’s playbook in-depth to anticipate their moves. They work diligently to undermine the credibility of informants and cooperators. And they prepare sentencing arguments tailored to the judge and prosecutors involved.

Perhaps most importantly, skilled RICO lawyers aren’t intimidated by the government. They have the confidence and trial experience to stand toe-to-toe with prosecutors and hold them to their burden of proof.

Conclusion

Facing RICO charges is scary. But with an experienced federal criminal defense lawyer, it doesn’t have to be hopeless. Understanding how RICO works and the potential defenses available is the first step. If you or a loved one have been charged federally in New York, don’t go it alone. Consult with a knowledgeable attorney about fighting back hard against the charges.

References

Racketeer Influenced and Corrupt Organizations Act – Department of Justice

New York Crime Rates and Statistics – Criminal Justice Degree Hub

RICO Laws in New York – New York Lawyers

When Wall Street Is Really Organized Crime – Forbes