Organized crime charges target people accused of committing crimes as part of an ongoing enterprise. In Florida, a RICO violation is a first degree felony punishable by up to 30 years and asset forfeiture, and federal RICO carries up to 20 years per count. These cases rely heavily on wiretaps, informants and cooperating codefendants, so the defense has to start early.
Key facts at a glance
| Florida RICO | First degree felony under § 895.03, Fla. Stat. |
|---|---|
| Pattern of racketeering | At least two related incidents of listed criminal activity |
| Forfeiture | Property tied to the enterprise can be seized under § 895.05, Fla. Stat. |
| Federal RICO | Up to 20 years per count under 18 U.S.C. 1963 |
| Federal conspiracy | Up to 5 years under 18 U.S.C. 371, more for drug conspiracies |
| Who prosecutes | Broward State Attorney, Florida Office of Statewide Prosecution or federal prosecutors |
Conspiracy charges can make you responsible for acts of others in the alleged group.
What is a RICO charge?
RICO stands for Racketeer Influenced and Corrupt Organizations. Prosecutors use it to charge people who participate in an enterprise through a pattern of racketeering activity such as fraud, drug trafficking, theft, gambling or money laundering. The enterprise can be a business, a gang or an informal group. Because RICO allows the government to tie many acts and people together, a single case can involve dozens of defendants and years of evidence.
How are organized crime cases investigated?
Investigations often run for months or years and use wiretaps, confidential informants, undercover officers, financial records, cell phone location data and cooperating codefendants. Wiretap evidence must comply with strict legal requirements, and informants frequently have strong motives to shade the truth. Challenging how evidence was gathered is often the most powerful defense.
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How do you defend against conspiracy and RICO charges?
- No agreement. Knowing or associating with people is not the same as agreeing to commit a crime.
- No enterprise or pattern. The State must prove the legal elements, not just a series of unrelated acts.
- Suppression. Wiretaps and searches that violate the law can be thrown out.
- Witness credibility. Cooperators and informants can be cross-examined about deals and motives.
- Withdrawal. Withdrawing from a conspiracy can limit liability.
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Why choose Daniel Rosenberg?
- Experience. A member of the Florida Bar since 2006, defending clients in Broward County and federal courts.
- Direct access. When you call, you will often speak directly with Daniel himself.
- Local. Office at 802 NE 20th Ave in Fort Lauderdale, minutes from the Broward County Courthouse.
- Every resource. Success is never guaranteed, but every available resource goes into your defense.
Frequently asked questions
What is the penalty for RICO in Florida?
A Florida RICO violation is a first degree felony punishable by up to 30 years in prison, fines and forfeiture of property connected to the enterprise.
Can I be charged with conspiracy if I never committed the crime?
Yes. Conspiracy is an agreement to commit a crime. The agreement itself can be charged even if the planned crime never happened.
Should I cooperate with prosecutors?
That is a major strategic decision with serious risks and benefits. Never make it without your own attorney.
Can the government take my property in a RICO case?
Yes. Property connected to the alleged enterprise can be subject to forfeiture, and it can be challenged.
Are organized crime cases state or federal?
Both. The same conduct can be prosecuted by Florida, by federal authorities or by both.
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Florida law referenced: § 895.03, § 895.05, Florida Statutes (2025).
Last updated November 8, 2026. This page provides general information about Florida law and is not legal advice. Every case is different. Laws change, so contact an attorney about your specific situation.