Racketeering Defense Attorney in Broward County

Racketeering laws, both at the federal and state levels, were enacted to combat organized crime. The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law in the United States designed to penalize illegal conduct carried out by criminal organizations. Initially aimed primarily at the Mafia and other organized crime groups when enacted in 1970, RICO has since been widely applied in various situations, including:

• Allowing charges to be filed against individuals or organizations that retaliate against individuals cooperating with law enforcement.

• Preventing abuses within the judicial system, where individuals or corporations exploit the legal process to target whistleblowers and silence their voices.

• Prosecuting police officers who provide protection to criminal offenders, such as drug smugglers, in exchange for financial gain.

• Pursuing individuals who engage in unlawful financial activities through support networks, potentially holding businesses accountable if their employees are convicted of RICO-related crimes during their employment.

Penalties for RICO offenses can vary based on the nature and extent of the racketeering involved. In Florida, a single RICO offense can result in a maximum penalty of life imprisonment and substantial fines. Life sentences are typically reserved for the most severe cases, such as those involving murder. However, non-violent offenses like gambling and prostitution can still lead to a 30-year prison sentence under RICO. Additionally, civil forfeiture laws may allow for the seizure of assets from individuals suspected of racketeering under federal and Florida RICO statutes.

Various criminal activities may constitute racketeering in Florida, including but not limited to:

• Arson
• Bribery
• Counterfeiting
• Distribution of controlled substances
• Embezzlement
• Extortion
• Gambling
• Homicide
• Kidnapping
• Mail fraud
• Money laundering
• Robbery
• Wire fraud
• Witness tampering

To secure a conviction in a RICO case in Florida, prosecutors must establish the existence of a criminal enterprise and demonstrate the defendant's direct or indirect involvement in the enterprise through participation in at least two racketeering activities. RICO cases often involve lengthy periods of police surveillance and investigation, and evidence can include wiretaps, bank records, corporate documents, and confidential informants.

For the most robust defense against RICO charges, it is essential to closely examine each investigative technique and category of evidence involved, and this can be effectively carried out by an experienced racketeering defense attorney in Fort Lauderdale. Under the Florida RICO Act, a defendant can face criminal charges with penalties of up to 30 years in state prison if the prosecutor can prove, beyond a reasonable doubt, the following elements:

1. The defendant was associated with an enterprise.
2. The defendant directly or indirectly participated in the enterprise by engaging in at least two racketeering activity events.
3. For the incidents in which the defendant was involved, at least two had similar or the same types of accomplices, victims, intents, results, methods of commission, or were interconnected by distinguishing characteristics that were not isolated incidents.