Organized Crime and Racketeering

Organized Crime and Racketeering: A Legal Defense Overview

Organized crime and racketeering, often linked in U.S. federal and state statutes, are severe criminal allegations with far-reaching consequences. These cases are complex, often involving multiple defendants, sophisticated operations, and extensive investigations.

Defending clients charged with organized crime and racketeering requires a nuanced understanding of the relevant laws, common prosecutorial tactics, and effective defense strategies. This overview explores these offenses from a legal defense perspective, including types of organized crime and racketeering charges, associated penalties, and potential defenses.

Understanding Organized Crime and Racketeering Charges

Organized crime generally refers to criminal activities conducted by structured groups (e.g., the Mafia, drug cartels, or gangs) aiming to profit from illegal activities on an ongoing basis.

Racketeering, a term derived from “racket” (an illegal or fraudulent scheme), often involves illegal business activities like extortion, loan sharking, and illegal gambling. In the U.S., the Racketeer Influenced and Corrupt Organizations (RICO) Act of 1970 serves as the primary federal statute used to prosecute racketeering and organized crime, while states also have laws targeting similar activities.

The RICO Act made it illegal for individuals associated with an enterprise engaged in a pattern of racketeering activity to engage in criminal conduct such as bribery, extortion, money laundering, and drug trafficking. To secure a RICO conviction, prosecutors must prove that:

1. An enterprise existed.
2. The defendant was associated with the enterprise.
3. The enterprise engaged in a pattern of racketeering activity (typically, at least two predicate acts within ten years).
4. The defendant’s actions furthered the enterprise’s criminal objectives.

Types of Organized Crime and Racketeering Offenses

1. Extortion and Bribery

Extortion typically involves the use of threats or coercion to obtain property, services, or influence, while bribery involves offering or accepting something of value to influence an official action. These charges can carry significant penalties, including imprisonment and hefty fines.

2. Money Laundering

Money laundering conceals the origins of illegally obtained money, making it appear legitimate. Federal laws such as the Bank Secrecy Act and Money Laundering Control Act target these activities. Money laundering can lead to serious penalties, including large fines and long prison terms.

3. Drug Trafficking

When linked to organized crime, drug trafficking becomes a RICO predicate offense. This encompasses manufacturing, distributing, or selling controlled substances, often on a large scale. Penalties depend on the substance, quantity, and specific activities, with sentences often extending into decades.

4. Illegal Gambling and Loan Sharking

Illegal gambling operations, frequently associated with organized crime, involve unsanctioned sports betting, casinos, or lotteries. Loan sharking, which involves lending money at illegally high interest rates, often includes intimidation to ensure payment. Both are common racketeering predicates and may lead to fines and lengthy sentences.

Penalties for Organized Crime and Racketeering Convictions

Penalties for organized crime and racketeering vary widely depending on the specific charges, the defendant’s role, and whether the case is federal or state-based. Generally, RICO convictions can lead to:

• Imprisonment: A federal RICO conviction can result in up to 20 years in prison per count, with life sentences possible for severe cases, particularly those involving murder or drug trafficking.
• Fines: Defendants may face substantial fines, potentially hundreds of thousands of dollars.
• Asset Forfeiture: Courts often order defendants to forfeit any assets derived from criminal activities, which can include cash, real estate, and personal property.
• Civil Liability: RICO allows for civil actions, meaning victims of racketeering can sue for damages, often seeking triple the actual losses plus legal fees.

Defense Strategies for Organized Crime and Racketeering Charges

1. Challenging the Pattern of Racketeering Activity

Prosecutors must establish a “pattern” of racketeering by proving two or more criminal acts connected to the enterprise’s goals. A defense may involve arguing that alleged acts were isolated or unrelated, challenging the pattern’s continuity and breadth.

2. Disputing the Defendant’s Association with the Enterprise

A key RICO element is the defendant’s association with a criminal enterprise. Defense attorneys may argue the defendant’s activities were independent, not in concert with an organization.

3. Constitutional and Procedural Challenges

RICO cases involve extensive wiretapping, surveillance, and informants. Defense attorneys may challenge the admissibility of evidence on Fourth Amendment grounds (unlawful search and seizure) or assert procedural violations in gathering or handling evidence. For instance, a wiretap without a valid warrant may lead to evidence exclusion.

4. Lack of Criminal Intent

In some cases, attorneys may argue the defendant had no criminal intent or was unaware of the organization’s illegal activities. This strategy can be especially effective in cases where the defendant’s role was minor or limited to seemingly legitimate operations.

5. Plea Bargaining and Sentencing Alternatives

Given the high stakes in organized crime cases, plea bargaining can sometimes be an advantageous route. An experienced attorney can negotiate a reduced sentence, lesser charges, or community service options, particularly for nonviolent offenses.

Defending against organized crime and racketeering charges demands a thorough, strategic approach. Federal criminal defense attorney Nate Crowley understands the nuances of RICO and similar statutes, scrutinizes the evidence, and explores all defense options to help mitigate the severe consequences of these charges.

Racketeering and Organized Crime in California

In California, organized crime and racketeering are prosecuted under both state and federal laws, with the California Control of Profits of Organized Crime Act (CCPOCA) serving as the state’s primary law for combating these offenses. Similar to the federal RICO Act, CCPOCA targets criminal enterprises engaging in repeated criminal acts, or “predicate acts,” including extortion, bribery, money laundering, drug trafficking, and illegal gambling.

Penalties for organized crime and racketeering under CCPOCA are severe. A conviction can result in up to 20 years in state prison for each count, substantial fines, and mandatory asset forfeiture of any property obtained through illicit activities. If drug trafficking or violent crimes, such as murder or assault, are involved, penalties increase significantly, potentially leading to life imprisonment. Additionally, civil lawsuits are permitted under CCPOCA, allowing victims of organized crime to sue perpetrators for damages and legal costs.

California law enforcement frequently collaborates with federal agencies on RICO cases involving large-scale criminal organizations, particularly those crossing state or international lines. Defense against these charges often involves challenging the association with the criminal enterprise, the continuity of alleged criminal acts, and the legitimacy of evidence obtained through surveillance and wiretapping.

For California criminal defense attorney Nate Crowley, a successful defense may hinge on procedural challenges, questioning the defendant’s association with the enterprise, or negotiating for favorable plea agreements, underscoring the complexity and importance of legal representation in such cases.

Charged With Organized Crime or Racketeering.? Contact Federal Criminal Defense Attorney Nate Crowley.

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