The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law used to prosecute and punish individuals and organizations who engage in criminal activity. RICO was created in 1970 to combat organized crime. It has since been used to charge many different types of criminal activity, including fraud, illegal possession and transfer of weapons, armed violence, drug conspiracy, drug dealing, kidnapping, illegal transportation of a minor, murder, predatory criminal sexual assault of a child, and criminal sexual abuse. If you have been charged with a violation of RICO, it is crucial to understand the various defenses that can be used to fight the charges. In this blog post, we will discuss how to effectively defend federal criminal cases under RICO, including the various statutory, constitutional, affirmative, statute of limitations, evidentiary, and jury instructions defenses that can be used.
Introduction to RICO
Congress enacted RICO in 1970 to combat the infiltration of organized crime into legitimate businesses. The law is intended to prevent individuals and organizations from using illegal activities, such as fraud, violence, and drug dealing, to obtain an economic advantage or influence legal proceedings’ outcome. RICO has been used to prosecute many types of criminal activity, including fraud, illegal possession and transfer of weapons, armed violence, drug conspiracy, drug dealing, kidnapping, illegal transportation of a minor, murder, predatory criminal sexual assault of a child, and criminal sexual abuse.
Under RICO, individuals and organizations can be charged with violating the law if they: (1) commit two or more predicate offenses; (2) within ten years; (3) the predicate offenses are related to each other; and (4) the predicate offenses are part of a pattern of racketeering activity. RICO violations can result in significant penalties, including hefty fines and lengthy prison sentences. Therefore, it is essential to understand how to defend against RICO charges effectively.
Overview of RICO violations
Under RICO, the government must prove that a person or organization has committed at least two predicate offenses to secure a conviction. Predicate offenses are any acts that constitute a crime under state, federal, or foreign law. Examples of predicate offenses include fraud, illegal possession and transfer of weapons, armed violence, drug conspiracy, drug dealing, kidnapping, unlawful transportation of a minor, murder, predatory criminal sexual assault, and criminal sexual abuse.
The government must also prove that the predicate offenses are related to each other and part of a racketeering activity pattern. A pattern of racketeering activity is defined as engaging in at least two predicate offenses associated with each other, either through the same individual or different individuals, and that involves a standard scheme or plan.
Defenses to RICO-related charges
When defending against a RICO charge, several different types of defenses can be used. These include statutory defenses, constitutional defenses, affirmative defenses, the statute of limitations defenses, evidentiary defenses, and jury instructions defenses.
Statutory Defenses to RICO Charges
The first type of defense that can be used to fight a RICO charge is a statutory defense. This type of defense involves challenging the legality of the prosecution’s case. Under RICO, the prosecution must prove that the defendant committed two predicate offenses to secure a conviction. Therefore, a defendant can use a statutory defense to argue that the prosecution has failed to prove that he or she committed two predicate offenses.
Constitutional Defenses to RICO Charges
Constitutional defense is the second type of defense that can be used to fight a RICO charge. This type of defense involves challenging the constitutionality of the statute itself. Under RICO, the defendant can argue that the rule is unconstitutionally vague or overbroad or that the law violates the defendant’s right to due process or freedom of speech.
Affirmative Defenses to RICO Charges
Criminal defense is the third type of defense that can be used to fight a RICO charge. This type of defense involves asserting that the defendant did not violate the law. For example, the defendant can argue that he or she did not have the requisite intent to commit a predicate offense or that he or she was acting in self-defense.
Statute of Limitations Defenses to RICO Charges
The fourth type of defense that can be used to fight a RICO charge is a statute of limitations defense. This type of defense involves challenging the timeliness of the prosecution’s case. Under RICO, the prosecution must prove that the defendant committed two predicate offenses within ten years to secure a conviction. Therefore, a defendant can use a statute of limitations defense to argue that the prosecution has failed to prove that the predicate offenses occurred within the required period.
Evidentiary Defenses to RICO Charges
The fifth type of defense that can be used to fight a RICO charge is an evidentiary defense. This type of defense involves challenging the admissibility of evidence presented by the prosecution. For example, the defendant can argue that the evidence is irrelevant, prejudicial, or has been obtained illegally or ethically.
Jury Instructions Defenses to RICO Charges
The sixth and final type of defense that can be used to fight a RICO charge is a jury instructions defense. This type of defense involves challenging the jury instructions issued by the judge. For example, the defendant can argue that the jury instructions were incomplete or incorrect.
Conclusion
The Racketeer Influenced and Corrupt Organizations Act (RICO) is a powerful law used to prosecute many different types of criminal activity. If you have been charged with a violation of RICO, it is important to understand the various defenses that can be used to fight the charges. In this blog post, we discussed how to effectively defend federal criminal cases under RICO, including the various statutory, constitutional, affirmative, statute of limitations, evidentiary, and jury instructions defenses that can be used. If you face a RICO charge, it is important to seek experienced legal counsel as soon as possible to ensure your rights are protected.