Miami RICO Lawyer

If you or a loved one is facing prosecution or under investigation for RICO in Miami-Dade County, you need an experienced Miami RICO lawyer.

Depending on the specifics of the case, RICO charges can be brought in state or federal court. If someone is convicted of RICO violations, they may face severe penalties, including a significant prison sentence. If you are facing serious racketeering accusations, you must obtain the assistance of a skilled Miami racketeering lawyer. Our law firm has extensive experience representing clients in South Florida. Our criminal defense lawyers understand state and federal racketeering laws and are ready to examine your case. Do not hesitate to reach out to us for seasoned legal representation.

The Racketeer Influenced and Corrupt Organizations Act (RICO) in Florida

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a law that allows the state or federal government to bring criminal charges against individuals or organizations that engage in a pattern of racketeering activity. Racketeering includes crimes such as extortion, fraud, money laundering, and other offenses.

The original purpose of RICO was to combat organized crime and corruption by targeting the leaders of criminal organizations and disrupting their operations. It allows the state and federal governments to bring charges against individuals involved in organized crime, even if they are not directly involved in committing specific crimes. Unfortunately, over time, prosecutors have expanded the reach of RICO by targeting a wide range of activities that are not necessarily related to organized crime or corruption. Sometimes it targets legitimate businesses and organizations that may not be engaged in criminal activity.

Federal RICO Law

The Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted in 1970 to combat organized crime. It prohibits certain uses of racketeering proceeds, acquiring or controlling an enterprise through racketeering, conducting an enterprise’s affairs through racketeering, and conspiring to commit those violations.

For a charge of conducting an enterprise through a pattern of racketeering activity under section 1962(c), the government must prove an enterprise engaged in or affecting interstate or foreign commerce. The pattern must include at least two qualifying acts within ten years, excluding periods of imprisonment. Those acts must be related and must amount to, or threaten, continued criminal activity. Two isolated crimes are not enough.

A RICO conspiracy charge does not require proof that the defendant personally committed two predicate acts. Qualifying racketeering acts include certain state offenses and federal crimes, including the examples below.

  • Extortion: The use of force, intimidation, or threats to obtain something of value from someone.
  • Fraud: The intentional deception of another person or entity for personal or financial gain.
  • Money laundering: Qualifying financial offenses involving criminal proceeds, including transactions intended to conceal their source or promote further unlawful activity.
  • Gambling: The operation of illegal gambling activities.
  • Bribery: The offering of money or other valuable items in exchange for an illegal favor.
  • Robbery: The taking of someone’s property by force or threat of force.
  • Drug trafficking: Qualifying offenses involving the manufacture, importation, sale, or distribution of controlled substances, including possession with intent to distribute.

These are just a few examples of crimes that can form the basis for racketeering charges. Racketeering can also include other enumerated offenses. If you are accused of racketeering, it is crucial to seek the help of an experienced criminal defense lawyer as soon as possible to protect your rights and fight the charges against you.

Possible Federal Racketeering Penalties

If someone is convicted of federal racketeering, they can face up to 20 years in federal prison for each count. However, if the racketeering activity includes a crime punishable by life imprisonment, such as murder, then the racketeering charge is also punishable by life imprisonment. The court may also impose a fine. When the defendant obtained profits or other proceeds from the offense, an alternative fine may reach twice the gross profits or other proceeds.

A federal RICO conviction also requires forfeiture of property covered by the statute, including certain interests in the enterprise and proceeds obtained through the violation. Property does not become forfeitable merely because it belongs to a business accused of racketeering.

Florida RICO Law

Florida’s RICO Act prohibits several forms of racketeering conduct, including conducting or participating in an enterprise through a pattern of racketeering activity. A pattern requires at least two related incidents, with the last occurring within five years after a prior incident. The Act also prohibits conspiring or endeavoring to commit a RICO violation.

The statute defines an “enterprise” as “any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental, as well as other, entities.”

Florida’s definition of racketeering activity includes federal RICO predicates and specified Florida offenses. Examples appear below; the exact statute and any qualifying conditions determine whether an offense counts.

  • Evasion of payment of cigarette taxes
  • Fleeing or attempting to elude a law enforcement officer, and aggravated fleeing or eluding
  • Illegal sale, purchase, collection, harvest, capture, or possession of wild animal life, freshwater aquatic life, or marine life, and related crimes
  • Environmental control violations
  • Medicaid fraud
  • Public assistance fraud
  • Workers’ compensation fraud
  • Creation of a fictitious employer scheme to commit reemployment assistance fraud
  • Distribution of medicinal drugs without a permit as an Internet pharmacy
  • Crimes involving contraband, adulterated, or misbranded drugs
  • Telemarketing violations
  • Sale of securities and investor protection
  • Dog racing and horse racing
  • Jai alai fronton operations
  • Slot machine gaming
  • Manufacture, distribution, and use of explosives
  • Money transmitter violations (if punishable as a felony)
  • Beverage law enforcement violations
  • Transacting insurance without a certificate of authority, operating an unauthorized multiple-employer welfare arrangement, or representing or aiding an unauthorized insurer
  • Failure to report currency transactions (if punishable as a felony)
  • Interest and usurious practices
  • Real estate timeshare plan violations
  • Commission of crimes by accessories after the fact
  • Homicide
  • Assault and battery
  • Kidnapping or human trafficking
  • Weapons and firearms offenses
  • Sexual battery (if committed with intent to benefit, promote, or further the interests of a criminal gang, or to increase the offender’s standing within a criminal gang)
  • Prostitution
  • Arson and criminal mischief
  • Burglary and trespassing
  • Theft, robbery, and related crimes
  • Computer-related crimes
  • Fraudulent practices, false pretenses, fraud, credit card crimes, and patient brokering
  • Insurance fraud, mail fraud, wire fraud, organized fraud, tax fraud, mortgage fraud, securities fraud
  • Abuse, neglect, or exploitation of an elderly person or disabled adult
  • Commercial sexual exploitation of children
  • Fighting or baiting animals
  • Forgery and counterfeiting
  • Issuance of worthless checks and drafts
  • Extortion
  • Perjury
  • Bribery
  • Public officer crimes
  • Misuse of public office
  • Official misconduct
  • Tampering with physical evidence

Elements of Florida RICO

To be found guilty of Unlawfully Conducting or Participating in an Enterprise Through a Pattern of Racketeering Activity, the prosecution must prove the following four things beyond a reasonable doubt:

  1. The defendant was either employed by or associated with an enterprise.
  2. The defendant either conducted or participated in the enterprise by committing at least two of the incidents of racketeering activity listed in the information.
  3. At least two incidents had the same or similar intents, results, accomplices, victims, or methods of commission, or were otherwise linked by distinguishing characteristics, and were not isolated incidents.
  4. The two incidents of racketeering activity occurred within five years of each other.

Florida Racketeering Penalties

In Florida, a RICO Act violation is considered a first-degree felony and can result in a prison sentence of up to 30 years and a fine of up to $10,000. But, instead of the fine generally allowed by law, a person found guilty of violating the RICO Act may be ordered to pay a fine that is up to three times the value gained or three times the loss caused by the violation, whichever is greater, in addition to court costs and the costs of investigation and prosecution.

Defenses to RICO Charges

Several defenses may be available to someone facing RICO charges:

  • Lack of knowledge: If the defendant was unaware that their actions were part of a racketeering enterprise, they might be able to argue that they had no intent to engage in racketeering.
  • Lack of participation: The defendant may argue that they were not actively involved in the racketeering enterprise and were merely present when the illegal activities occurred.
  • Failure to prove an enterprise: The defense may challenge whether the alleged enterprise meets the legal definition. A lawful business can qualify as an enterprise, so its lawful status alone does not defeat a RICO charge.
  • No pattern of racketeering activity: The defense may challenge whether the alleged acts qualify as racketeering activity and meet the applicable requirements for a pattern.
  • Duress: If the defendant was forced to participate in the racketeering enterprise under threat of violence or other harm, they might be able to argue that they were acting under duress and therefore not responsible for their actions.
  • Entrapment: The entrapment defense might be available if the government or law enforcement agents induced the defendant to commit the racketeering offense.
  • Statute of limitations: If too much time has passed since the alleged racketeering activity occurred, the charges may be barred by the statute of limitations.
  • Insufficient evidence: The prosecutor must prove each element of the RICO charge beyond a reasonable doubt. If there is insufficient evidence to support the charges, the defendant may be able to have them dismissed.

The specific defenses available will depend on the facts and circumstances of the individual case. An experienced criminal defense attorney can help you determine the best defense that applies to your case.

Contact Experienced Miami Racketeering Attorneys

By immediately retaining experienced Miami racketeering attorneys, you can minimize the likelihood that your RICO case will have long-term negative impacts on your career, personal life, and reputation. A conviction under RICO can result in lengthy prison sentences and hefty fines. When facing criminal charges, it’s critical to have the best possible defense to protect your rights and freedom. Our racketeering defense lawyers have the experience and knowledge you need to defend yourself.

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