Criminal Defense
Federal RICO Violations
Highly Experienced Broward County Federal Criminal Defense Attorney Skillfully Defending Those Charged with Racketeering Crimes
Facing federal charges under the Racketeer Influenced and Corrupt Organizations (RICO) Act can be intimidating, especially given the complex nature of these cases and the severe penalties involved. Thankfully, you don’t need to take on the government prosecutors alone. At Lowry Legal, we understand the unique challenges that RICO cases raise and are here to help you effectively defend against these charges. Attorney Mark Lowry is a dedicated Broward County federal RICO violations lawyer who has extensive experience handling complex and high-stakes cases in federal court and is immediately available to meet with you to get started on your defense.
What Is RICO?
The RICO Act, enacted in 1970, was originally designed to combat organized crime. However, over the years, its scope has expanded to include a wide range of criminal activities beyond traditional organized crime, including white-collar offenses and other organized illegal conduct. Under RICO, federal prosecutors can target individuals or groups involved in a “pattern of racketeering activity.”
A “pattern of racketeering activity” means that a person or group is accused of committing at least two specific criminal acts within a ten-year period as part of a coordinated plan or organization. These criminal acts, known as “predicate offenses,” include serious crimes like fraud, embezzlement, money laundering, drug trafficking, and even certain types of murder and kidnapping. For instance, if someone is suspected of committing both mail fraud and money laundering as part of a broader scheme, they could face RICO charges.
RICO cases are often very broad in scope, and because of this, federal prosecutors are able to pursue charges against individuals who may not have directly committed a crime but were involved in the larger organization or plan.
How Do RICO Prosecutions Work?
RICO prosecutions are very complex and involve intensive investigation and evidence gathering by federal agencies like the FBI and the Department of Justice. Often, these investigations are lengthy, sometimes spanning years, as prosecutors work to gather sufficient evidence to support the “pattern” requirement of RICO.
The process of a RICO prosecution generally includes:
- Investigation Phase: Federal agencies conduct extensive investigations, which may include wiretaps, undercover agents, and collaboration with other law enforcement agencies. These investigations aim to establish a pattern of criminal activity and link various participants to the organization or scheme.
- Indictment: If there’s enough evidence, the prosecution will file an indictment, including RICO violations. An indictment can include multiple defendants, each accused of participating in the organization’s illegal activities. Sometimes, individuals may face additional charges beyond RICO, such as mail fraud, tax evasion, or drug trafficking, depending on the alleged activities.
- Asset Seizure: The government may also seize assets they believe are tied to the alleged criminal enterprise. This can include bank accounts, property, vehicles, and other assets, creating immediate financial challenges for defendants even before a conviction.
- Trial: RICO cases often involve lengthy trials, at which the prosecution must prove both the existence of an “enterprise” that was engaged in illegal activities and that the defendants were connected to and participated in this enterprise.
Because of the high burden of proof, federal RICO cases can involve a lot of evidence and witness testimony. However, federal prosecutors are typically very thorough in their investigations, making it imperative to have a Broward County federal criminal defense lawyer with specific experience handling RICO cases.
What’s at Stake in a RICO Case?
RICO convictions carry significant penalties, including long prison sentences, steep fines, and asset forfeiture. If convicted, you could face up to 20 years in prison for each RICO count, with potential life sentences for cases involving more serious underlying crimes. Additionally, federal RICO cases often have mandatory minimum sentences, meaning that judges have limited discretion to reduce sentences.
Beyond prison time, those convicted of a RICO violation may be ordered to forfeit any assets deemed to be connected to the criminal organization or scheme. This can include homes, businesses, bank accounts, vehicles, and other valuable assets, which may impact your family’s financial well-being and security. Asset forfeiture can also be particularly challenging if you own a business, as a RICO conviction could lead to the forced closure of the business and loss of your livelihood.
However, the impact of a RICO conviction extends beyond the legal penalties. A federal conviction can also affect your employment opportunities, housing prospects, and even personal relationships. RICO cases are also more likely to be publicized, which can lead to damaged reputations, in turn making it even more difficult to rebuild your life.
Speak with an Experienced Broward County RICO Violations Attorney Today
Given the incredibly high stakes that RICO cases present, if you’re facing RICO charges, having a skilled defense team is imperative. At Lowry Legal, we understand the importance of crafting a defense strategy that focuses on challenging the prosecution’s evidence, questioning the connection between you and the alleged “enterprise,” and protecting your rights every step of the way. If you’re interested in learning more about Lowry Legal and how we can help you defend against the charges you’re facing, give us a call at 954-908-6222. You can also connect with us through our secure online contact form. We proudly serve clients throughout Broward County including Fort Lauderdale, Hollywood, Lauderdale Lakes, Lauderhill, Lighthouse Point, Miramar, North Lauderdale, Oakland Park, Pembroke Pines, Plantation, Pompano Beach, and Sunrise.