Enacted to address the plague of organized crime in New York, the enterprise corruption statute lays out a type of serious crime that involves not just one criminal offense, but a group of individuals working for an enterprise and being engaged in a sequence of crimes. For instance , if a securities firm systematically defrauds multiple clients by distributing false account statements, putting unearned commissions in their own pockets, and handing out improper disclosures, and the employees who work for that firm intentionally took part in the fraud, then those employees could face prosecution for enterprise corruption. There are two enterprise corruption crimes listed in the New York criminal code: enterprise corruption and aggravated enterprise corruption. Aggravated enterprise corruption is the more egregious of the two crimes. You could be prosecuted under New York Penal Law § 460.20 for enterprise corruption if you are knowingly employed by a criminal enterprise and you:
For the purposes of this statue, the term “criminal activity” is defined as a minimum of 3 criminal acts, 2 of which must be felonies. Among these, one of the felonies must have been committed within 5 years of when the criminal action began, and each of the requisite criminal acts must have occurred within 2 years of the previous criminal act.
The charge will be alleviated to aggravated enterprise corruption under New York Penal Law § 460.22 if:
Offenses that are Related
Enterprise corruption: New York Penal Law § 460.20
Aggravated enterprise corruption is an extremely complicated charge to prosecute. In order to successfully prosecute this charge against you, the prosecutor needs to prove every element of the offense. This means, for instance, that if you are accused of committing 2 Class B armed felony offenses, you can successfully defend against an aggravated enterprise corruption charge if you can successfully have at least one of those charges dropped.
The crime of aggravated enterprise corruption is a Class A-I felony offense. The maximum prison sentence is life behind bars.
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