Criminal Defense Lawyers

What to Do When Facing Federal RICO Charges in New York

Dealing with RICO Charges in New York

Getting hit with federal racketeering charges can be scary. RICO laws are complex, and the penalties are severe. But with the right legal strategy, you may be able to get the charges reduced or even dismissed.

Here’s a plain English guide to RICO laws in New York, and what you can do if you’re facing charges.

What is RICO?

RICO stands for the Racketeer Influenced and Corrupt Organizations Act. It’s a federal law passed in 1970 to combat organized crime like the Mafia.

RICO makes it a crime to engage in a “pattern of racketeering activity” connected to an enterprise. An enterprise can be a legal business or an illegal organization.

Racketeering activities include things like bribery, money laundering, and murder. RICO says it’s illegal to invest money from these activities into an enterprise, or use an enterprise to facilitate racketeering.

RICO also makes it a crime to conspire to violate the law, even if the conspiracy isn’t successful. So you can face charges just for planning racketeering activities connected to an enterprise.^[2]

Why are RICO charges serious?

RICO carries much harsher punishments than normal fraud or conspiracy laws. If convicted under RICO you can face:

• Up to 20 years in prison per racketeering count
• Fines up to $25,000 per count
• Forfeiture of any property connected to the criminal activity

RICO also hits you with tough sentencing guidelines. So you’ll likely serve most or all of your prison term if convicted.

Plus, RICO allows prosecutors to charge multiple defendants together for different crimes. As long as the crimes are connected to the same enterprise.^[5]

What are common RICO defenses?

Fighting RICO charges involves attacking the prosecution’s claim that you engaged in a “pattern of racketeering activity.” Common defenses include:

• No enterprise – Arguing the alleged criminal activity wasn’t connected to an enterprise.
• No pattern – Claiming the alleged acts weren’t part of a pattern of racketeering behavior.
• No intent – Saying you didn’t know about or intend to further the criminal activity.

You can also challenge the racketeering predicates themselves as invalid. For example, arguing the bribery or fraud allegations are false.

In some cases, you may be able to get RICO charges dismissed before trial if the predicates are weak. But this is rare.^[1]

Should I cooperate with prosecutors?

Cooperating with the government can potentially help reduce your charges. Prosecutors may agree to drop RICO counts if you provide useful information about the criminal enterprise.

However, snitching also comes with big risks:

• You may have to testify against former partners, putting yourself and family in danger.
• If prosecutors don’t find your cooperation helpful enough, you get nothing in return.
• Any statements you make can be used against you if cooperation fails.

Never speak to investigators without an attorney present. Discuss the pros and cons of cooperation thoroughly before making a decision.

What’s my best legal strategy?

Fighting RICO charges requires an aggressive defense team. The best approach depends on your specific case facts.

In some cases, the best strategy is to go to trial and challenge the prosecution’s evidence. RICO cases often involve complex conspiracies, so there may be opportunities to sow reasonable doubt.

In other cases, it may be better to try negotiating a plea deal. Pleading to non-RICO charges may allow you to avoid harsh sentencing and forfeitures.

An experienced RICO attorney can assess your options and build the strongest defense strategy.

Should I hire a local or federal specialist?

Hiring a lawyer with specific RICO experience is critical. RICO laws are complex and differ significantly from state racketeering statutes.

Some advise hiring a federal defense specialist used to handling complex cases in federal court. Others suggest a local lawyer who knows the prosecutors and judges.

There are good arguments for both. The best option may be a team combining a talented local litigator with a RICO expert.

How much does a strong RICO defense cost?

Top RICO lawyers often charge $25,000 or more just to assess a case. Their hourly rates typically run $500-$1,000+.

A full RICO trial can easily cost over $100k in fees. Less if you plea bargain, but expect to invest six figures.

However, a vigorous defense is crucial when your freedom’s at stake. Price shouldn’t be the determining factor in who you hire.

Also, some RICO lawyers may offer flexible payment plans to ease the financial burden.

Can I get bail while facing RICO charges?

Many defendants charged under RICO are denied bail under the Bail Reform Act. Prosecutors often argue you’re too dangerous for release.

However, bail isn’t impossible. Strong community ties and lack of criminal history help. Your lawyer may also argue RICO doesn’t apply to your specific conduct.

Expect very high bail if released – likely over $1 million. You’ll also be subject to strict pretrial supervision.

Takeaways

• RICO laws target racketeering connected to criminal enterprises.
• Charges carry long prison terms and severe financial penalties.
• Common defenses attack the existence of an enterprise or pattern of illegal activity.
• An experienced RICO attorney is critical for mounting an effective defense.
• Be very cautious about cooperating with prosecutors without guaranteed benefits.

Facing RICO charges is daunting. But an aggressive legal strategy tailored to your case can help achieve the best possible outcome.

References

[1] FindLaw – New York Racketeering / RICO Laws

[2] New York Times – Trump and Allies in Georgia Face RICO Charges. Here’s What That Means.

[5] Washington Post – What Is RICO, the Racketeering Law Used to Charge Trump in Georgia?