Philadelphia Federal Racketeering Charges: Crimes, Penalties and Defense

Philadelphia Federal Racketeering Charges: Crimes, Penalties and Defense

Federal racketeering charges in Philadelphia can seem scary and overwhelming. But with some background on the specific crimes, potential penalties, and possible defenses, you can better understand your situation. This article aims to provide that practical information in plain language.

What is Racketeering?

Let’s start with the basics. Racketeering refers to organized criminal activity conducted through an ongoing criminal enterprise. The most common federal racketeering charges fall under the RICO act. RICO stands for the Racketeer Influenced and Corrupt Organizations Act, which was meant to combat organized crime syndicates.

To charge someone under RICO, prosecutors need to show a pattern of criminal activity. This is known as a “pattern of racketeering activity.” The alleged crimes can range from murder, kidnapping, and money laundering to counterfeiting, embezzlement, and even some gambling offenses.

RICO charges allow law enforcement to go after the leaders of a criminal organization, not just the lower-level participants. So these are serious allegations that carry steep penalties (more on that shortly).

Predicate Offenses for Racketeering Charges

For a RICO charge, the government must prove the defendant committed at least two “predicate offenses” within a 10-year period. These predicate racketeering activities fall into three categories:

1. Violent crimes – such as murder, kidnapping, arson, robbery, and extortion.
2. Provision of illegal goods and services – like drug trafficking, prostitution rings, illegal gambling operations.
3. Financial crimes – for instance, money laundering, securities fraud, embezzlement, and various forms of financial fraud.

The alleged criminal enterprise has to affect interstate or foreign commerce as well. This gives federal prosecutors jurisdiction under RICO rather than leaving charges to the state level.

Penalties for a Federal Racketeering Conviction

The potential prison sentences for a RICO conviction are steep. Defendants face up to 20 years in prison for each racketeering count. And prosecutors often stack multiple RICO charges in the same indictment across different criminal acts and schemes.

Fines can reach $250,000 per count too. And there is always the possibility of life imprisonment when racketeering activities involve murder allegations under RICO.

Defendants also face forfeiture of any property obtained through illegal racketeering activity – including the proceeds of the criminal enterprise. The government can seize assets like homes, cars, businesses, and bank accounts.

Using RICO to Target Organized Crime Enterprises

As mentioned earlier, Congress originally aimed RICO laws at large organized crime syndicates, like the mafia and drug cartels. By targeting the leader, prosecutors can disrupt the whole criminal organization. The forfeiture provisions also let them seize assets even if they were transferred to family members or associates.

But over time, federal prosecutors started using RICO in cases involving street gangs, outlaw motorcycle clubs, and even corrupt organizations like police departments. Essentially any coordinated criminal activity involving fear, threats, intimidation or physical violence can implicate RICO these days.

Possible Defenses in Racketeering Cases

Fighting federal racketeering charges involves attacking the prosecution’s case on both the criminal enterprise and the pattern of activity – those two key elements for a RICO conviction. Common defense strategies include:

• Disputing participation in the enterprise – Showing the defendant was not actually involved with running or directing the affairs of the alleged criminal organization. Or arguing they were involved but had no knowledge of the larger criminal purpose.
• No pattern of criminal activity – Attacking the link between the alleged predicate acts or arguing they do not show ongoing criminal behavior, but rather sporadic, isolated incidents.
• Statute of limitations – Certain predicate offenses have a five year statute of limitation, so a defense may argue the older crimes fall outside the timeline window allowed under RICO.
• Vagueness challenge – Attacking the definition of the criminal “enterprise” itself as overly broad or vague if prosecutors cast an exceedingly wide net.
• Sentencing entrapment – Where informants or undercover agents pressure suspects into committing larger crimes to trigger higher sentencing. This can show improper government conduct.
• Outrageous government misconduct – Similar to entrapment, but involves egregious behavior by informants that violates due process rights. For example, using violence or threats against suspects.

As you can see, RICO cases allow prosecutors to pursue enhanced charges against multiple defendants across a pattern of criminal activity. But there are also opportunities for defense counsel to pursue legal challenges. Every racketeering case depends heavily on the specific facts and evidence involved. An experienced federal criminal defense attorney can analyze the strengths and weaknesses of the government’s accusations against you.

I hope this high-level overview helps explain what constitutes federal racketeering, the steep penalties, and some initial defense strategies. Let me know if you have any other questions!