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Kendall Racketeering and RICO Charges Lawyers

March 21, 2024 Uncategorized

What is Racketeering?

Okay, first things first – what exactly is racketeering? Basically, racketeering refers to organized criminal activity conducted through an ongoing criminal enterprise. This often involves members of criminal organizations like the mafia, gangs, cartels, etc.

Racketeering activities can include things like:

  • Extortion
  • Bribery
  • Loan sharking
  • Murder
  • Kidnapping
  • Money laundering
  • Drug trafficking
  • Human trafficking
  • Counterfeiting

You get the idea. The goal is usually financial gain for the criminal organization. They use systematic criminal methods to enrich themselves and expand their power.

What is RICO?

RICO stands for the Racketeer Influenced and Corrupt Organizations Act. This is a federal law passed in 1970 to help prosecutors go after organized criminal operations.

Under RICO, it’s a crime to:

  • Be employed by or associated with any enterprise engaged in racketeering
  • Acquire or maintain an interest in an enterprise through a pattern of racketeering activity
  • Conduct or participate in the affairs of an enterprise through a pattern of racketeering activity
  • Conspire to do any of the above

A “pattern of racketeering activity” requires committing at least two specified crimes within a 10-year period. These predicate offenses include state felonies, acts indictable under specific federal laws, and certain serious federal offenses.

In addition to criminal penalties, RICO provides for civil lawsuits by victims against the racketeers to recover damages from the criminal activity.

Why RICO Matters

RICO empowers prosecutors in several ways when proving racketeering:

  • Allows them to prosecute the leaders of a criminal enterprise for crimes they ordered others to commit
  • Lets them to prosecute for belonging to a criminal organization, even if no racketeering crimes were personally committed
  • Enables freezing assets and seeking forfeiture of funds derived from racketeering

With so much at stake, retaining competent legal counsel is critical when facing racketeering or RICO charges. Kendall attorneys with expertise in this field can provide the insight and representation needed during this legal battle. They have the right skills and determination to challenge the prosecution’s accusations.

For defendants, that could mean the difference between prison and freedom.

Common Racketeering & RICO Charges

Now that we’ve covered the basics of racketeering and RICO, let’s talk about some of the specific crimes they often involve. Here are some charges you may hear related to these cases:

  • Wire Fraud – Using interstate wires or communications to execute a scheme to defraud or obtain money under false pretenses. This could mean phone calls, emails, faxes, etc.
  • Money Laundering – Engaging in financial transactions to conceal the source or ownership of funds derived from illegal activity. This “cleans” dirty money.
  • Bribery – Offering or accepting anything of value with intent to influence official actions or judgments. This could mean bribing public officials, witnesses, or others.
  • Extortion – Demanding money, property, or something else of value through threat of violence, harm, or other unlawful action.

As you can see, racketeering and RICO charges cast a wide net over many types of criminal activity. The penalties can be severe, including long prison sentences and massive fines. That’s why building a strong legal defense is so critical.

Defending Against Racketeering & RICO

Fighting racketeering and RICO accusations requires experienced attorneys intimately familiar with the intricacies of these laws. They will thoroughly examine the prosecution’s evidence and identify any weaknesses or flaws.

Common defenses include:

  • Challenging whether a “pattern” of racketeering activity truly exists based on the timing or relationship of the incidents
  • Disputing the link between the defendant and the alleged criminal enterprise or acts
  • Asserting the statute of limitations has expired
  • Arguing illegal police conduct led to evidence being discovered
  • Contending statements or confessions were coerced or given involuntarily

An adept lawyer will leverage these and other defenses to undermine the prosecution’s case. This is complex litigation, but the right strategic moves can pay huge dividends for the accused.

Take These Charges Seriously!

At the end of the day, racketeering and RICO cases are extremely serious business with potentially life-changing consequences. If you or someone you care about gets ensnared in an investigation or indictment, I cannot stress enough – seek qualified legal help immediately!

Connect with a knowledgeable Kendall defense attorney to start building a winning counter-strategy. An experienced lawyer can carefully examine the charges and evidence and map out an effective path forward. Don’t leave freedom and reputation to chance – make that call without delay.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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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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