How to Effectively Defend Federal Criminal Cases Under RICO
RICO, or the Racketeer Influenced and Corrupt Organizations Act, is a federal law that allows the government to prosecute individuals or organizations engaged in criminal activities that involve interstate commerce. The primary purpose of RICO is to combat organized crime, but it can also be used to prosecute a wide range of other crimes. Criminal defense attorneys must understand the RICO law and its various defenses to effectively defend their clients in federal criminal cases. In this article, we will explore the multiple defenses to RICO-related charges and provide insight into how best to support these cases.
Introduction to RICO
RICO is a federal law passed in 1970 to combat organized crime. It allows the government to prosecute individuals or organizations engaged in a pattern of criminal activity involving interstate commerce. The law is complex and has been used to charge a variety of criminal activities, including fraud, illegal possession and transfer of weapons, armed violence, drug conspiracy, drug dealing, kidnapping, unlawful transportation of a minor, murder, predatory criminal sexual assault of a child, and criminal sexual abuse.
RICO has successfully shut down organized crime networks and criminal enterprises. It carries some of the harshest penalties of any federal law, including up to 20 years in prison and fines of up to $250,000. As such, criminal defense attorneys must be familiar with RICO and the various defenses that can be used to defend their clients.
Overview of RICO violations
Under RICO, it is illegal for any person or organization to commit at least two acts of racketeering within 10 years. Racketeering is any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, or dealing in controlled substances. It also includes any act that interferes with commerce or the movement of any commodity in interstate or foreign commerce.
To be convicted of a RICO violation, the government must prove that the defendant committed or agreed to commit at least two of the listed predicate acts and that the defendant was part of an enterprise engaged in a pattern of racketeering activity. The government must also prove that the defendant committed the acts intending to participate in the enterprise’s affairs.
Defenses to RICO-related charges
When defending a client against a RICO charge, the defense attorney must understand the various defenses that can be used. These defenses can be divided into several categories, including statutory, constitutional, affirmative, statute of limitations, evidentiary, and jury instruction defenses.
Statutory Defenses to RICO Charges
One of the most common statutory defenses to a RICO charge is the “good faith” defense. Under this defense, the defendant must show that they had no knowledge or reasonable cause to believe that the enterprise was engaging in racketeering activities. This defense is often used in cases where the defendant was unaware of the enterprise’s criminal activities.
Another common statutory defense is the “novelty” defense. Under this defense, the defendant must show that the alleged acts of racketeering were novel or unusual and did not constitute a pattern of criminal activity. This defense is often used in cases where the defendant was involved in a single act of racketeering and not a way of criminal activity.
Constitutional Defenses to RICO Charges
Constitutional defenses to RICO charges can include the Fifth Amendment right against self-incrimination, the Sixth Amendment right to a speedy and public trial, the Eighth Amendment right against excessive fines, and the Fourteenth Amendment right to due process. Each of these Criminal defense lawyers can be used to challenge the legality or constitutionality of a RICO charge or conviction.
Affirmative Defenses to RICO Charges
Affirmative defenses to RICO charges can include duress, entrapment, and voluntary intoxication. These defenses can be used to argue that the defendant was forced to commit the act of racketeering and did not have the intent to participate in the enterprise’s criminal activities.
Statute of Limitations Defenses to RICO Charges
Under the RICO statute, the government has five years to bring a RICO charge against a defendant. This statute of limitations can be used as a defense if the government has failed to bring the charge within this five-year period.
Evidentiary Defenses to RICO Charges
Evidentiary defenses to RICO charges can include the lack of evidence to prove the defendant’s involvement in the enterprise’s criminal activities. The defense can also challenge the credibility of the evidence and the testimony of witnesses.
Jury Instructions Defenses to RICO Charges
Jury instructions defenses to RICO charges can include the court’s failure to properly instruct the jury on the elements of a RICO charge or the defense’s theory of the case. This type of defense can be used to challenge the jury’s decision and the court’s instructions to the jury.
Conclusion
RICO is a powerful federal law that has been used to successfully prosecute a wide range of criminal activities. It is important for criminal defense attorneys to be familiar with the various defenses that can be used to defend their clients against RICO-related charges. Understanding the statutory, constitutional, affirmative, statute of limitations, evidentiary, and jury instruction defenses can help defense attorneys effectively defend their clients in RICO-related cases.