What is Racketeering?

You may have heard of the RICO Act or RICO charges (RICO stands for Racketeer Influenced and Corrupt Organization), but what is racketeering in the first place?

Racketeering refers to the act of engaging in illegal activities as part of an ongoing organized effort, often associated with crime syndicates or criminal enterprises. It’s a broad term that covers a variety of criminal acts, all of which are carried out with the intent of generating profit, usually through coercion, threats, or deceit.

The most infamous examples of racketeering come from organized crime rings, like the mafia. But it can also involve businesses, corporations, or individuals operating within seemingly legitimate fronts.

What is Involved in Racketeering?

Racketeering typically involves a series of ongoing criminal acts carried out by an organization or group. The goal is often to intimidate or exploit others for financial gain.

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law passed in 1970. It was designed to combat organized crime by allowing prosecutors to go after leaders of criminal enterprises, even if they didn’t personally commit the criminal acts.

Some of the crimes that fall under racketeering include the following:

Extortion: Forcing someone to give money or other benefits through threats of violence, reputational harm, or other forms of intimidation.
Bribery: Offering or receiving something of value to influence the actions of an official or individual in a position of power.
Money Laundering: Concealing the origins of illegally obtained money by passing it through a complex sequence of banking transfers or commercial transactions.
Illegal Gambling Operations: Running unauthorized gambling establishments, often linked to organized crime.
Drug Trafficking: Coordinating the sale and distribution of illegal drugs as part of a larger criminal organization.

Under RICO, individuals can be charged with racketeering if they have committed two or more predicate crimes (such as extortion or fraud) within a 10-year period as part of an enterprise’s illegal operatiohttp://extortions.

Examples of Racketeering

One of the most famous examples of racketeering is the prosecution of various mafia families in the U.S. under the RICO Act. Organized crime figures, such as John Gotti and members of the Gambino crime family, were taken down not just for the crimes they personally committed but for the criminal activities orchestrated by their crime syndicates.

Racketeering charges aren’t limited to mob-related crimes, though. White collar crimes, including securities fraud and embezzlement, can also be prosecuted under racketeering laws if they are part of an ongoing criminal enterprise.

What Happens if You’re Charged with Racketeering?

Racketeering charges are typically serious felony offenses, both under federal and California state law. The legal process usually follows this general timeline:

Investigation. Racketeering cases often involve long-term investigations by law enforcement agencies, including wiretaps, surveillance, and financial audits.
Arrest and Indictment. Once the investigation concludes, individuals suspected of being involved in racketeering activities can be arrested and formally charged. Federal racketeering charges are filed through an indictment process by a grand jury.
Pretrial and Discovery. During the pretrial phase, both the defense and prosecution exchange evidence, and the defense begins building their case.
Trial or Plea Bargain. If no plea deal is reached, the case will go to trial. Racketeering cases are often complex, involving multiple charges, witnesses, and pieces of evidence.
Sentencing. If convicted, penalties for racketeering can be severe, including lengthy prison terms, forfeiture of assets, and hefty fines.

The federal RICO statute allows for up to 20 years in prison for each racketeering count, while certain crimes—like murder related to racketeering—can lead to life imprisonment.

Possible Legal Defenses Against Racketeering Charges

Defending against racketeering charges requires a deep understanding of both state and federal law. An effective defense also needs a strategic approach to dismantling the prosecution’s case. Some common legal defenses include:

Lack of Involvement in an Enterprise. A key component of racketeering is the existence of an organized group or enterprise. If it can be shown that you weren’t part of a larger organization or that the group was not engaged in criminal activities, the prosecution may struggle to prove its case.
Challenging the Predicate Crimes. Since racketeering charges require at least two predicate crimes (e.g., extortion or fraud), your defense may focus on disproving your involvement in those underlying crimes.
Insufficient Evidence. Racketeering cases often rely on extensive evidence, such as wiretaps or financial records. If this evidence is incomplete, unreliable, or gathered illegally, it may be possible to have it suppressed or excluded from trial.
Coercion or Duress. In some cases, defendants may argue that they were coerced into participating in the enterprise under threat or intimidation. This could lessen their culpability.

Why You Need an Experienced Criminal Defense Attorney

Racketeering charges are some of the most serious and complex cases to defend, and the penalties are harsh. When facing such severe charges, it’s essential to have a criminal defense attorney on your side. You need someone who has experience with organized crime cases and understands the intricacies of both state and federal laws.

A skilled attorney like Mark Broughton can thoroughly investigate the charges against you, negotiate with the prosecution, and build a strong defense to protect your rights and fight for the best possible outcome.

Contact Mark Broughton for a Free Consultation

If you or a loved one has been charged with racketeering, don’t wait to seek legal help.

Contact Mark Broughton today for a free consultation to discuss your case and explore your options. Mark has decades of experience in criminal defense. And he will provide you with the guidance and representation you need to navigate these complex charges and defend your future.

Call 559-691-6222 or click here to use our convenient online form to get legal help today.