Criminal Defense Lawyers

How Do Maine’s Sentencing Guidelines Treat Organized Crime Cases?

Understanding Maine’s Sentencing Guidelines for Organized Crime Cases

Maine’s Organized Crime Laws

Maine has several laws on the books that specifically target organized criminal activity. The most serious of these offenses are found in the Maine Criminal Code under Title 17-A, Chapter 57 (Racketeer Influenced and Corrupt Organizations) 1. This chapter, known as Maine’s “RICO” law, makes it a crime to engage in a pattern of racketeering activity as part of an enterprise. Under Maine’s RICO law, “racketeering activity” includes a wide range of criminal conduct, from drug trafficking and murder to bribery and fraud1. An “enterprise” can be any group of individuals associated in fact, whether a legal entity or not1. To convict someone under RICO, prosecutors must prove they committed at least two acts of racketeering within a 10-year period as part of an enterprise1. Maine also has a separate law against “leading organized crime” under Title 17-A, Section 11117. A person is guilty of this Class B felony if they organize, manage, supervise or finance a criminal enterprise on a continuing basis7. Prosecutors frequently bring charges under these organized crime statutes in addition to the underlying offenses. So if you’re accused of drug trafficking or illegal gambling as part of a criminal enterprise, you could face organized crime charges on top of the drug or gambling charges.

Sentencing Factors in Organized Crime Cases

When imposing a sentence for an organized crime conviction, Maine judges must follow the general sentencing provisions laid out in Title 17-A, Chapter 6117. The law instructs judges to weigh certain aggravating and mitigating factors in determining an appropriate sentence within the statutory range. Some key factors that can increase sentences in organized crime cases include17:

• The defendant’s role as an organizer or leader of the criminal enterprise
• The sophistication and scope of the criminal operation
• The defendant’s prior criminal history
• The use or threatened use of violence
• The victimization of vulnerable individuals like minors or the elderly
• The duration of the criminal activity

On the flip side, some mitigating factors that can reduce sentences include17:

• The defendant played a minor role in the enterprise
• The defendant cooperated with authorities
• The defendant has no prior criminal record
• The defendant’s participation was due to coercion or duress
• The defendant has shown genuine remorse and taken responsibility

Judges have significant discretion in weighing these and other relevant factors. Two defendants involved in the same criminal enterprise could face very different sentences depending on their individual circumstances.

Sentencing Ranges for Organized Crime Offenses

The potential sentences for organized crime convictions in Maine depend on the severity of the underlying racketeering offenses. Under the RICO law, racketeering acts are divided into Class A, B, C, D and E crimes based on the maximum penalties1. Here are the basic sentencing ranges for each class of crime in Maine17:

• Class A: Up to 30 years in prison and a $50,000 fine
• Class B: Up to 10 years in prison and a $20,000 fine
• Class C: Up to 5 years in prison and a $5,000 fine
• Class D: Less than 1 year in prison and a $2,000 fine
• Class E: Up to 6 months in jail and a $1,000 fine

However, Maine’s RICO law allows enhanced penalties for organized crime offenses. Any violation of the RICO statute is a Class B crime, regardless of the classification of the underlying racketeering acts1. This means even lower-level offenses can result in up to 10 years behind bars if committed as part of a criminal enterprise. The “leading organized crime” statute also provides for Class B penalties, carrying up to 10 years in prison7. And if any of the racketeering acts are drug crimes that carry higher penalties, those enhanced drug sentences can apply instead1.

Real-World Examples

To illustrate how Maine’s organized crime sentencing guidelines work in practice, let’s look at a couple high-profile cases. In 2015, 14 members of a Portland-area gang known as the “True Somali Bloods” were indicted on federal RICO charges20. Prosecutors said the gang engaged in drug trafficking, prostitution, robbery and illegal weapons possession as part of a criminal enterprise20. The defendants faced up to 20 years in prison under the federal RICO law, which has similar provisions to Maine’s RICO statute. In another case, Malcolm French of Enfield, Maine was sentenced in 2017 to 14 years in federal prison for running a multi-million dollar marijuana smuggling operation15. French was convicted of engaging in a continuing criminal enterprise as well as other drug and money laundering charges. His top deputies received sentences ranging from 5 to 12 years. While those cases were prosecuted in federal court, they demonstrate the significant prison terms defendants can face when convicted of organized crime offenses, even when the underlying crimes are non-violent. Maine’s RICO law is designed to provide similar stiff penalties. However, sentences can vary widely depending on a defendant’s role and other individual factors. In 2011, 5 members of a Maine-based cocaine trafficking ring received sentences ranging from 2 to 13 years after pleading guilty to federal RICO charges19. The lower-level dealers got lighter sentences, while the leader who oversaw the operation got 13 years19.

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Importance of Legal Counsel

As you can see, organized crime cases are highly complex, with severe potential consequences. If you’re facing RICO or other organized crime charges in Maine, it’s crucial to have an experienced criminal defense attorney in your corner. Your attorney can help you navigate the complicated legal process, protect your rights, and advocate for the lowest possible sentence under the circumstances of your case. They may be able to negotiate a plea deal to reduce the charges or argue for mitigating factors to minimize the sentence.

At the Spodek Law Group, our nationally-recognized team of defense lawyers has handled organized crime cases across the country. We understand what it takes to mount an aggressive defense against these serious allegations. Our attorneys will work tirelessly to poke holes in the prosecution’s case and fight for the best attainable outcome. We also provide a fully digital portal where clients can track the progress of their case, communicate with their attorney, submit documents, and access other key services. With our nationwide reach and extensive experience, you can feel confident your case is in capable hands.