Facing federal racketeering charges in Orlando can be overwhelming. The Racketeer Influenced and Corrupt Organization Act (RICO) was passed by Congress with the purpose of seeking to eradicate organized crime in the U.S. Before RICO, prosecutors could only try mob-related crimes on an individual basis. The government’s concern was that they were only able to prosecute individuals instead of shutting down an entire criminal organization. Through RICO, all of the individuals in a corrupt organization can be prosecuted. These complex federal charges carry severe penalties, including lengthy prison sentences and substantial financial consequences.
If you’re facing racketeering charges, The Wiseman Law Firm provides aggressive criminal defense representation throughout Central Florida. Former state prosecutor Simon Wiseman has the experience necessary to challenge federal prosecutors and protect your rights in these serious cases. Understanding your options starts with examining how white-collar crimes are prosecuted and defended.
Understanding Federal Racketeering Laws
The original intent of RICO was to shut down the Mafia, but now the Act is used to attack a variety of organized crime, including street gangs, drug trafficking organizations, cartels, corrupt police departments, and politicians. In Florida, federal prosecutors aggressively pursue racketeering cases involving various criminal enterprises. While some officials admitted guilt, others contested the charges, and a few were acquitted, showing that even in high-profile federal criminal cases, it is feasible to overcome the accusations with a robust legal defense.
Criminal Racketeering vs. Civil Actions
If an individual is being charged with federal racketeering offenses, it means they have participated in racketeering activity connected to an enterprise. Racketeering is a term that refers to crimes committed at a state or federal level. More specifically, racketeering is when organized groups run illegal businesses called “rackets.” Common examples of criminal racketeering include illegal gambling, prostitution rings, drug trafficking, counterfeiting, embezzlement, and extortion. When prosecutors file racketeering charges, they must prove you committed at least two predicate crimes within ten years through an enterprise. These charges, there are 35 specific offenses that constitute racketeering, and these crimes are labelled “predicate” offenses. To be charged with federal racketeering, at least two predicate crimes within ten years must be committed through enterprise. The key word here is enterprise, which is different from a racketeering crime on an individual basis.
As far as a civil racketeering charge, any civilian can bring a civil suit if they have been affected by a racketeering violation. In order to succeed with this claim, the plaintiff must prove that there was criminal activity involved. This means they must prove the defendant committed one of the 35 racketeering offenses. Not only that, but the plaintiff must expose a pattern of criminal activity, showing the instances of at least two crimes. In order to be considered a pattern, the crimes must be linked in some way, i.e. the same victim, same methods, continuous methods, or same participants. The plaintiff must file within four years of the alleged violation date, as this is the statute of limitations for civil racketeering claims. For these charges, this means they cannot bring a suit beyond four years after the alleged crime date.
How to Challenge Federal Racketeering Charges in Florida
A conviction on federal racketeering charges carries penalties up to $25,000 in fines and 20 years to life in federal prison, plus forfeiture of all assets gained through illegal activity. These severe federal sentencing guidelines, including long prison sentences, forfeiture of property, and triple damages. The defendant must also forfeit all money or property gained through illegal activity should they be convicted. Needless to say, if you are being faced with federal criminal charges, you want a competent attorney who will be aggressive in defending your case.
The good news is that in order to find you guilty of racketeering in violation of the federal racketeering statutes, the prosecution must prove these elements of the crime beyond a reasonable doubt:
- An enterprise existed.
- The enterprise affected interstate or foreign commerce.
- You were employed by or associated with the enterprise.
- You conducted or participated in the conduct of the enterprise through the pattern of racketeering activity by committing at least two acts of racketeering activity.
In order to beat a federal racketeering charge, you will need an attorney who can challenge the prosecution’s evidence enough to bring any of the elements above into question. The prosecution bears the burden of proving each element, and your defense attorney can attack weaknesses in their case, challenge witness credibility, dispute the existence of an enterprise, or demonstrate lack of participation in criminal activity. Our Orlando criminal defense attorneys will work diligently to either get your charges reduced or your case dismissed entirely. We also handle related drug crime charges and violent crime accusations that often accompany racketeering cases.
Contact The Wiseman Law Firm for Federal Criminal Defense
When facing federal racketeering charges in Central Florida, you need an attorney with prosecutorial experience who understands how the government builds these complex cases. Simon Wiseman brings unique insight as a former state prosecutor who has successfully argued cases before the Florida Supreme Court, winning both cases and creating new law that continues to shape Florida’s legal landscape. His experience taking on corporate America and securing millions in recoveries for clients demonstrates the aggressive representation needed for serious federal charges.
The Wiseman Law Firm has the resources and experience to challenge federal prosecutors at every stage of your case, from pre-trial motions through trial and appeal if necessary. We understand the complexities of federal criminal law and will thoroughly investigate your case, examining every piece of evidence and identifying weaknesses in the prosecution’s arguments. If you’re facing racketeering charges or are under federal investigation, contact us online to discuss your defense options.