Criminal Defense Lawyers

New Jersey Section 2C:41-3 – Criminal penalties.

New Jersey’s Racketeering Law and Criminal Penalties

New Jersey has laws in place to combat organized crime and racketeering. The main law is known as the New Jersey Racketeer Influenced and Corrupt Organizations (RICO) Act, which is found in N.J.S.A. 2C:41-1 et seq. This law allows prosecutors to go after the leaders of criminal organizations by making it a crime to engage in a pattern of racketeering activity.

What is Racketeering?

Racketeering involves obtaining money through illegal activities. This often involves organized crime, but does not have to. Essentially, racketeering laws aim to target people running enterprises that engage in patterns of criminal conduct.

Racketeering can be charged at both the state and federal level. Most of the time, a defendant will face both state and federal racketeering charges.

Getting Charged with Racketeering in New Jersey

Under New Jersey’s RICO law, it is illegal to:

• Receive income from a pattern of racketeering activity and use that income to operate an enterprise engaged in commerce (N.J.S.A. 2C:41-2(c))
• Conspire to violate any provisions of the RICO law (N.J.S.A. 2C:41-2(d))

To prove a pattern of racketeering activity, prosecutors must show the defendant committed at least two racketeering acts within a 10-year period. Racketeering acts include:

• Arson
• Bribery
• Burglary
• Extortion
• Gambling
• Kidnapping
• Money laundering
• Murder
• Securities fraud
• Theft

Prosecutors must also prove the racketeering acts were related and amounted to, or posed a threat of, continued criminal activity.

Criminal Penalties

How racketeering is charged depends on the underlying acts involved.

• If the pattern of racketeering involved a violent crime or firearms, it is a first-degree crime under N.J.S.A. 2C:41-3(a). This carries 10-20 years in prison.
• All other racketeering violations are second-degree crimes under N.J.S.A. 2C:41-3(b). This carries 5-10 years in prison.

Defendants must also pay fines up to $200,000 for first-degree crimes, and up to $150,000 for second-degree crimes. They will likely have to forfeit all profits from the racketeering activities as well.

Defenses to Racketeering

There are several defenses that could potentially beat a racketeering charge:

• You did not commit the predicate acts: The prosecution must prove you engaged in at least two racketeering acts within 10 years. If they cannot prove your involvement beyond a reasonable doubt, the racketeering charge fails.
• The acts were not related: To show a pattern of racketeering, the predicate acts must be related in some way. If the acts were isolated incidents, there may not be a sufficient pattern.
• No enterprise existed: An enterprise does not have to be a formal business, but there must be some organization. If the prosecution cannot establish this enterprise, the racketeering charge could fail.
• You did not know about the criminal activity: Prosecutors must prove you were aware of the unlawful activity. If you can show you did not know about the predicate acts, you may be able to defeat the charges.
• You did not personally benefit: To be guilty of racketeering, you must have received income from the pattern of illegal activity. If there is no evidence you benefited financially, the charge could potentially be dismissed.
• The law is unconstitutionally vague: Defendants have challenged the “crime of violence” language in N.J.S.A. 2C:41-3(a) as vague. However, New Jersey courts have rejected this argument since the statute does not require a categorical approach like the federal laws struck down by the U.S. Supreme Court.

Seeking Legal Help

Facing racketeering charges in New Jersey is extremely serious. The potential prison time is severe, and the effects of a conviction can follow you for life. An experienced criminal defense lawyer can analyze the evidence against you and build the strongest defenses to the charges. Do not wait to get legal help if you are being investigated for or charged with racketeering.

The History of Racketeering Laws

Racketeering laws originated at the federal level in an effort to combat organized crime. Here is a brief overview of how these laws developed over time:

• 1863 – National Bank Act: One of the first federal laws to criminalize racketeering-type activities. It targeted any takeover or robbery of national banks.
• 1872 – Anti-Ku-Klux Klan Act: Allowed federal prosecution of individuals conspiring to deprive citizens of equal protection under the law. Used to counter KKK intimidation.
• 1914 – Anti-Trust law: Broadened federal power to prosecute anti-competitive business activities.
• 1920 – Eighteenth Amendment: Prohibition led to rise of organized crime. Racketeering laws were passed to counter bootlegging and related crimes.
• 1934 – Anti-Racketeering Act: Outlawed forcing union employees to pay dues and established federal witness protection program.
• 1946 – Hobbs Act: Prohibited robbery or extortion affecting interstate commerce. Closed loopholes in previous anti-racketeering laws.
• 1970 – Organized Crime Control Act: Contained the Racketeer Influenced and Corrupt Organizations (RICO) provision used today.
• 1988 – Anti-Drug Abuse Act: Added drug-related crimes to list of RICO predicate offenses.

This federal legislation paved the way for states like New Jersey to pass their own racketeering laws. The New Jersey RICO law was enacted in 1981.

Racketeering vs. Organized Crime

While racketeering and organized crime are related, they are not identical concepts:

• Organized crime involves a structured group of criminals working together for a common purpose. Traditional organized crime involves hierarchical enterprises like the mafia.
• Racketeering can be committed by a single individual. While racketeering laws often target organized crime groups, a structured criminal organization is not required.
• Organized crime groups frequently engage in racketeering. But racketeering can also occur outside traditional organized crime.
• Racketeering laws aim to prosecute the leaders who orchestrate criminal activity. But lower-level organized crime members can be charged when they participate in racketeering enterprises.

So in short, racketeering is a crime that can occur within or outside of traditional organized crime groups. But because organized crime so often relies on racketeering tactics, racketeering laws have become a prime weapon for dismantling criminal organizations.

Famous Racketeering Cases

Here are some of the most significant racketeering prosecutions in history:

• Al Capone: Among the first convicted under federal racketeering laws in 1931 for tax evasion. Served 7 years in prison.
• Frank Lucas: New York crime boss convicted of drug trafficking under RICO in 1975. His life was depicted in the film American Gangster.
• John Gotti: Head of the Gambino crime family convicted on federal racketeering charges in 1992 after avoiding conviction for years. Died in prison in 2002.
• Jeffrey Epstein: Convicted of sex trafficking minors in Florida in 2008. Indicted again in 2019 under federal sex trafficking and conspiracy racketeering laws before his death.
• FIFA: International soccer organization charged with racketeering, wire fraud, and money laundering in 2015 related to widespread corruption.
• NXIVM: Keith Raniere, leader of NXIVM cult, convicted in 2019 of racketeering, sex trafficking, and possession of child pornography.

These cases highlight how racketeering laws have been used against the mafia, drug kingpins, corrupt corporations, and even non-traditional criminal enterprises. The broad scope of racketeering statutes allows prosecutors to target a wide range of criminal activity.

Racketeering in Pop Culture

Racketeering has become engrained in American pop culture, largely thanks to iconic mob movies like The Godfather and Goodfellas .

• The Godfather: Marlon Brando played patriarch Vito Corleone in the 1972 Oscar-winning film about a mafia family. Racketeering central to the story.
• Goodfellas: 1990 film chronicling rise and fall of mob associate Henry Hill, played by Ray Liotta. Famous for depicting day-to-day racketeering activities.
• The Sopranos: Hit HBO series (1999-2007) revolving around New Jersey mafia boss Tony Soprano, played by James Gandolfini. Example of modern portrayal of organized crime racketeering.
• Boardwalk Empire: Steve Buscemi won Golden Globe for playing Nucky Thompson, mobster in Prohibition-era Atlantic City. Showed origins of organized crime racketeering.
• Peaky Blinders: BBC series following Birmingham gang led by Tommy Shelby (Cillian Murphy) in early 20th century. Portrays evolution of organized crime enterprises.

These examples demonstrate how deeply ideas about racketeering and the mafia are embedded in American culture. While fictionalized, they have shaped public understanding of real organized crime and the laws enacted to fight it.

Conclusion

Racketeering laws in New Jersey and at the federal level provide prosecutors with potent tools to dismantle organized criminal enterprises. The severe sentences for racketeering reflect how seriously these crimes are taken. Given the complexities surrounding racketeering cases, securing experienced criminal defense counsel is critical for anyone facing such charges. Although often sensationalized in movies and TV, racketeering cases represent very real threats to public safety when criminal organizations gain too much power and influence in society.