Orlando Criminal Defense Firms Explain How to Fight RICO Charges

Being charged with a RICO violation can be an incredibly scary and overwhelming experience. RICO stands for the Racketeer Influenced and Corrupt Organizations Act, which was originally designed to combat organized crime syndicates like the mafia. However, over time prosecutors have used RICO charges in other types of cases like fraud and money laundering.

If you or a loved one are facing RICO charges in Orlando, it’s critical that you retain an experienced criminal defense attorney as soon as possible. RICO cases are highly complex with severe penalties, so you need an aggressive legal defense. In this article, Orlando criminal defense firms explain what you need to know about RICO laws and how to fight back against these allegations.

What is RICO?

Congress passed the Racketeer Influenced and Corrupt Organizations Act (RICO) in 1970 to give law enforcement more tools to take down organized crime. RICO makes it a crime to engage in a “pattern of racketeering activity” as part of an enterprise that is engaged in interstate commerce. This means prosecutors have to prove:

• There was an enterprise (like a business or organization)
• You engaged in a pattern of at least two racketeering crimes over a 10 year period
• You invested income from the pattern of racketeering back into the enterprise

Originally RICO was used to charge mob bosses who ordered crimes but were removed from actually committing them. Today, prosecutors apply RICO to cases involving fraud, money laundering, murder, kidnapping, bribery, drug trafficking, counterfeiting, identity theft, and violent crimes.

Penalties for a RICO Conviction

Given its broad application, RICO charges can carry steep penalties. If convicted of a RICO violation you face:

• Up to 20 years in prison per racketeering count
• Fines up to $250,000 per count
• Forfeiture of assets derived from racketeering activity

In addition, RICO allows private citizens to file civil lawsuits against racketeering enterprises to recover up to three times their actual damages. With so much at stake, putting up a vigorous defense is critical.

Fighting Back Against RICO Charges

When facing RICO allegations, the best defense is a good offense. Rather than sit back and let federal prosecutors build their case, smart defense lawyers will conduct their own investigation into the government’s claims. As former federal prosecutors themselves, Orlando’s top criminal defense firms know how these cases are constructed from the inside.

By digging into the prosecution’s evidence and legal theories early on, defense lawyers can identify weaknesses to exploit. For instance, RICO cases often rely heavily on informants or co-conspirators who traded testimony for leniency. Their credibility can be attacked. Prosecutors also frequently use circumstantial evidence that fails to directly link the defendant to the alleged criminal enterprise.

In addition, meeting the legal requirements for a RICO conviction can be complex. Defense lawyers will scrutinize the prosecution’s legal arguments to ensure they have sufficiently alleged:

• The existence of a qualifying criminal enterprise
• At least two qualifying predicate racketeering crimes
• A pattern of activity over a 10 year period
• The required criminal intent

If any legal elements are missing, the defense can move to dismiss the RICO counts before trial. This requires identifying issues early in the case, which is why prompt representation is so important.

Common RICO Defenses

Skilled criminal defense attorneys have a number of arguments available for fighting RICO charges, including:

• You did not participate in the enterprise: Argue there is no evidence you actively participated in the criminal enterprise or directed others to commit crimes.
• There was no enterprise: Challenge whether the alleged “enterprise” meets the legal definition under RICO as an ongoing organization with a decision making framework.
• No pattern of activity: Attack the government’s claim that you engaged in a pattern of at least two predicate racketeering crimes over 10 years.
• No criminal intent: Argue you did not have knowledge of or intent to further the criminal enterprise.

In addition, RICO provides an exception for purchasing securities on the open market without knowledge of the underlying racketeering activity. Skilled lawyers will aggressively pursue every possible defense during pretrial negotiations and through trial as needed.

Why Hire an Experienced Orlando RICO Attorney?

Given the complexity of RICO laws and the severity of penalties, protecting your future requires experienced legal guidance. Orlando has no shortage of defense lawyers, but few focus specifically on federal cases like RICO. Look for a firm with a proven record of success defending complex white collar cases in federal court.

Ideally, your defense lawyer should have experience as a former federal prosecutor. This gives them inside knowledge of the other side’s playbook. For instance, Corey Cohen is a former Assistant U.S. Attorney who led numerous RICO, money laundering, and fraud investigations. He now leads the defense against such allegations.

An experienced federal criminal defense lawyer can analyze the prosecution’s legal theories, investigate their evidence, and build an aggressive defense to defeat the charges. This requires creativity, tenacity, and intricate knowledge of RICO laws – skills honed over many years of federal practice.

Facing RICO charges is daunting, but skilled defense makes all the difference. By exposing flaws in the government’s case early, top attorneys can get charges dismissed pretrial. If necessary, they have the courtroom skills and resources to win at trial. With so much at stake, put an experienced federal defense lawyer on your side.

The attorneys at Corey Cohen Law have decades of experience successfully defending complex federal white collar cases like RICO. To discuss your case in a free and confidential consultation, call 407-246-0066 or request a meeting online.