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So your probably staring at this indictment charging you with RICO violations and your completely overwhelmed by the complexity. Maybe your business is being called a “criminal enterprise.” Maybe there’s allegations of a “pattern of racketeering activity.” Or maybe your just associated with people who committed crimes and now prosecutors are claiming your part of organized crime. Look, we get it. Your ABSOLUTELY CONFUSED how regular business becomes RICO. And you should be TERRIFIED! Because RICO carries 20 YEARS in federal prison and prosecutors use it to pile on charges and seize ALL your assets!
Let me explain the nuclear weapon prosecutors are using against you. Racketeer Influenced and Corrupt Organizations Act was designed to fight organized crime but now applied to EVERYTHING from street gangs to corporations!
The statute has multiple subsections but most prosecutions use Section 1962(c)! Requires: (1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity! Each element broadly defined to capture maximum defendants!
Here’s what’s really scary – RICO allows prosecution for being ASSOCIATED with crimes even if you didn’t personally commit them! Enterprise member liable for all enterprise crimes! Your role could be completely legal but still RICO if enterprise committed predicate acts!
“Racketeering activity” includes over 50 federal and state crimes! Murder, kidnapping, gambling, arson, robbery, bribery, extortion, fraud, drug offenses, money laundering! List keeps EXPANDING – Patriot Act added terrorism! We’ve seen white collar businesses charged under statute meant for mob!
Enterprise definition is SHOCKINGLY broad!
“Enterprise” includes any legal entity OR any group associated in fact – corporations, partnerships, LLCs, informal associations, even groups without names or structure!
Legitimate businesses can be enterprises! Your construction company, law firm, auto dealership becomes “criminal enterprise” if used for pattern of racketeering! One department commits fraud regularly? Entire company is RICO enterprise!
“Association-in-fact” enterprises are even vaguer! Just need common purpose and continuing structure – doesn’t need hierarchy or formal organization! Friends who commit crimes together? Enterprise! Business relationships involving occasional crimes? Enterprise!
Must show enterprise has existence separate from pattern of racketeering! But prosecutors argue ANY ongoing association satisfies this! We’ve seen courts find “enterprise” based on phone call patterns alone!
The enterprise can be legitimate organization used for illegal purposes OR entirely illegal organization! Political campaign that accepts bribes? Enterprise! Charity that launders money? Enterprise! Your book club that occasionally discusses tax evasion? Potentially enterprise!
Pattern requirement seems protective but isn’t!
Need at least TWO predicate acts within 10 years – seems like high bar but almost every investigation finds two! Single fraud scheme with multiple victims? Each victim is separate predicate! One drug deal with two sales? Two predicates!
But TWO acts alone isn’t enough – must show “relationship” and “continuity”! Predicate acts are related if they have same purposes, results, participants, victims, or methods! Acts must be more than isolated – need threat of continued criminal activity!
“Continuity” can be shown two ways! Closed-ended continuity: crimes occurred over substantial period! Open-ended continuity: crimes threaten to continue indefinitely! Courts find continuity from crimes spanning just months!
Prosecutors charge DOZENS of predicate acts to ensure pattern! We’ve seen indictments with 50+ predicate acts spanning 10 years! Each mail fraud, each wire fraud, each money transfer becomes separate predicate!
The predicate acts don’t all need same participants! Different enterprise members committing different crimes ALL count toward pattern! You committed 2 frauds, co-defendant committed 3 drug deals, another did 2 extortions? That’s 7 predicate acts for EVERYONE’s RICO charge!
Penalties are CATASTROPHIC and include asset forfeiture!
Maximum 20 years prison OR life if predicate act carries life! Murder as predicate? Life under RICO! Drug trafficking? Could be life! Fines are MASSIVE – twice the gross proceeds of racketeering!
But real destruction comes from forfeiture! Upon conviction, forfeit any interest in enterprise and any property derived from racketeering! This means EVERYTHING!
Your business? Forfeited! Real estate purchased with “tainted” money? Forfeited! Bank accounts? Seized! Even property used to commit crimes – cars, phones, computers! We’ve seen families lose generational businesses to RICO forfeiture!
Civil RICO adds treble damages! Private parties can sue for three times actual damages plus attorney fees! Defrauded someone of $100,000? Face $300,000 civil judgment PLUS criminal penalties!
Pre-trial restraining orders freeze assets BEFORE conviction! Can’t pay lawyers, can’t operate business, can’t access savings! Government restrains everything claiming its proceeds of racketeering! Presumption of guilt destroys you financially before trial!
The elements seem complex but prosecutors have advantages!
Can use co-conspirator statements! Under Pinkerton doctrine, enterprise members liable for all foreseeable acts of other members! Didn’t participate in murder? Still liable if foreseeable consequence of enterprise!
Circumstantial evidence suffices! Don’t need direct proof of enterprise – phone records, financial transactions, witness testimony about associations! Pattern emerges from circumstances!
Can aggregate acts of multiple defendants! Each defendant need not commit all predicates! As long as enterprise committed pattern, all members liable! You’re the accountant who just kept books? Liable for enterprise’s murders and extortions!
Expert testimony about enterprise structure! Government brings organized crime experts who testify about how enterprises operate! Even without specific knowledge of your case, experts explain RICO patterns! Jury hears about mob tactics applied to your business!
Trials last MONTHS! Multiple defendants, dozens of predicates, hundreds of witnesses! Juries get overwhelmed by complexity and defer to prosecutors! Defense becomes impossible when trial covers 10 years of conduct!
Several defenses exist but all are difficult!
No enterprise defense – if alleged organization lacks structure or continuity, not enterprise! We’ve won by showing random associations without common purpose! But courts define enterprise VERY broadly!
No pattern defense – predicates are isolated incidents not pattern! Must show acts were unrelated or lack continuity! Single fraud scheme isn’t pattern! But prosecutors break schemes into multiple predicates!
Statute of limitations – 5 years from last predicate act! But continuing enterprise means limitations keeps restarting! Any enterprise act within 5 years brings ALL predicates within limitations!
Lack of personal involvement! You weren’t member of enterprise or didn’t participate in pattern! Must prove you were outside enterprise or had no knowledge of pattern! Mere association insufficient – need actual participation!
Civil RICO defense – private plaintiffs abuse statute for ordinary business disputes! If conduct occurred once or twice, cannot form pattern! We’ve gotten civil RICO dismissed as improper use of statute!
Withdrawal from conspiracy! If you affirmatively withdrew before pattern completed, not liable! But withdrawal requires clear disassociation! Just stopping participation isn’t enough!
Private parties can bring civil RICO suits with devastating consequences!
Any person injured in business or property by RICO violation can sue for treble damages! Competitors sue claiming fraud! Customers sue claiming deception! Investors sue over lost money!
Civil RICO has LOWER burden of proof than criminal! Preponderance of evidence versus beyond reasonable doubt! Plaintiff need only show 51% likelihood of RICO violation!
But civil RICO is often abused! Courts dismiss when allegations are just ordinary contract disputes dressed up as racketeering! “Fraud” in business deal doesn’t automatically become RICO!
Four-year statute of limitations for civil RICO! Runs from when plaintiff discovers injury! But continuing violations can extend limitations! Each new predicate act restarts clock!
We defend civil RICO by showing: single occurrence not pattern, business dispute not racketeering, no enterprise existed, claims are time-barred! Many civil RICO claims get dismissed on motion to dismiss!
Look, we’re not your typical lawyers who get overwhelmed by RICO complexity. We’re former federal prosecutors who CHARGED RICO cases and know EXACTLY how to dismantle enterprise and pattern theories!
We understand how to sever defendants from alleged enterprises! We know when predicate acts don’t establish pattern! We can challenge forfeiture as disproportionate! Most importantly, we simplify complex cases for juries so they understand reasonable doubt!
Other lawyers treat RICO like ordinary conspiracy – WRONG approach! Different elements! Different proof requirements! Different asset forfeiture rules! Their ignorance leads to convictions and total financial destruction!
Call us RIGHT NOW at 212-300-5196
RICO charges freeze assets IMMEDIATELY – can’t wait!
Former federal prosecutors – RICO defense specialists – Available 24/7!
Don’t underestimate RICO charges! “Just racketeering” means prosecutors are using most powerful statute in federal criminal law! Allows convicting you for others’ crimes! Seizes all assets! Trials last months with overwhelming evidence!
Remember – federal RICO isn’t about organized crime anymore, its about prosecutors aggregating conduct into enterprises and patterns. One business relationship, one series of similar acts, one association with wrongdoers can mean life in prison and total forfeiture. You need someone who’s defended dozens of RICO cases and knows how to attack each element. Call us NOW before RICO charges destroy everything!
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS