There is a long history of the federal government pursuing organized crime rings through something known as the Racketeer Influenced and Corrupt Organizations (“RICO”) Act. While the name might give most people visions of the mafia, in recent years, prosecutors have applied the RICO Act to a wide range of situations.
Investigations under this act are a serious matter. If you have been accused of racketeering or are facing scrutiny from federal investigators, it is vital that you seek out a skilled defense attorney right away. Let an Atlanta RICO lawyer help you navigate this sensitive situation.
First and foremost, it is important to note that both the state and federal governments have enacted racketeering laws. While this has long been an area primarily handled at the federal level, Georgia’s RICO Act empowers state prosecutors to pursue criminal convictions for racketeering as well. Georgia prosecutors are now aggressively using that power to increasingly charge individuals with RICO violations.
In the years before the RICO Act, law enforcement was only able to prosecute each offense individually. Even if a crime was mob-related, they could only arrest the individuals directly involved. This allowed the organization as a whole to not only survive, but thrive.
Under the RICO Act, prosecutors can seek a conviction against those involved at all levels of an illegal enterprise when a crime is committed on its behalf. For example, instead of just prosecuting a person for an act of extortion, RICO allows the government to also pursue the people who ordered or profited from the extortion attempt.
The government’s burden of proof varies between state and federal courts. The state’s version of the law is more expansive than the federal statute, which only allows for prosecution when there is evidence of continuity and an ongoing enterprise. Georgia officials can file charges for schemes that were only active for a brief period of time.
Numerous individual crimes could lead to a larger RICO Act investigation. Some of the most common examples include:
Building a defense in these situations requires more than just fighting the underlying charge. An experienced RICO Act attorney in Atlanta can look at the bigger picture, challenging everything from the specific offenses to the existence of a criminal enterprise.
The prospective penalties for a state or federal RICO conviction are the same. If found guilty, the accused can face as much as 20 years in prison. Additionally, there is also a fine that is the greater of either $25,000 or triple the amount gained through the commission of the crime.
Thankfully, a person accused of these crimes will only face penalties if they are ultimately convicted. There are a number of defense strategies available that could lead to a favorable verdict at trial. Instead of pleading guilty immediately, it is beneficial to first discuss potential defense options with an Atlanta RICO attorney.
If you have been charged under the state or federal RICO Act, it is vital for you to seek out legal counsel as soon as possible. Having an attorney by your side can put you in a position to avoid a conviction or secure the best available outcome.
There are major risks that come with representing yourself in these cases, as a guilty verdict may lead to decades in prison and hefty monetary fines. Before you consider a plea bargain or attempt to resolve the case on your own, discuss your options with an Atlanta RICO lawyer.
Contact us today to schedule a confidential consultation and learn how we can help protect your rights and fight for your future.
