Racketeering Influenced and Corrupt Organizations Act – RICO

MIAMI RICO ATTORNEYS

At The Kirlew Law Firm, we have handled hundreds of racketeering cases. Our attorneys are well informed and qualified to turn the scales of justice in your favor. Racketeering takes on many different forms, both under federal and state laws, and involves organized crime. But all RICO charges are not the same. When someone thinks of a RICO case, they often think of the New York crime families, the Italian-American Mafia and pop culture figures like John Gotti.

But in reality, specifically in federal court, RICO charges are often brought against small business owners, investors, operators of pain management clinics, collision repair companies and a number of other kinds of enterprises that doesn’t involve violence. RICO charges can be brought and are still brought against individuals engaged in what we view as traditional gangs, in organized drug trafficking cases and illegal gambling operations. But in South Florida those kinds of cases are rare in federal court. What we primarily see is pain management clinics and small business owners indicated in RICO charges.

The people who often find themselves under investigation and under indictment are also relatively minor players in a larger conspiracy that they knew nothing about. Individuals who recruited someone to a pain management clinic, a person who allowed their identify to be used to open a pharmacy or a business, someone who filled prescripts or someone who worked at a collision repair center processing insurance claims. All these kinds of people can find themselves under indictment for a RICO case.

We recognize that if you are under investigation or indictment, you are in the midst of a life-changing event. We understand that you are stressed about losing your freedom, your assets and reputation. There is no easy solution but our lawyers know how to best navigate these kinds of complicated legal issues.

Let our Miami litigation firm, our legal team of investigators and experts fight for your freedom. Brian Kirlew, Esq. has the experience, the knowledge and the passion to help you turn the tide against the government. Without adequate representation, your reputation, freedom, and future are in danger. Call us at (305) 521-0484 for better assistance.

UNDERSTANDING RACKETEERING

Racketeering is generally the act of acquiring businesses, revenue or proceeds through illegal activity. In particular, it often involves using a business to commit illegal acts like fraudulently billing an insurance plan or filing false insurance claims.

It can also involve using a business to “clean” illegally derived income. Organized groups that deal in prohibited trades or businesses may be known as rackets. They may further divert funds towards illegal industries such as counterfeiting, cyber extortion, and more.

RICO or the Racketeer Influenced and Corrupt Organizations Act enlists more than 30 crimes at federal and state levels, including money laundering, extortion, bribery, embezzlement, financial and economic crimes, document fraud, human trafficking, gambling offenses, and sexual exploitation, referring as racketeering activities.

RICO is a federal law that declares it illegal to profit or manage businesses through illicit activities. It is unlawful, even indirectly, to participate or conspire to commit any wrong-doings under the RICO act. The law, however, permits law enforcement agencies to charge businesses or individuals involved in acts of racketeering. If found guilty, the accused faces imprisonment for the RICO aspect and any underlying crime that was committed as a part of the conspiracy.

In short, racketeering refers to operating a business via illegally derived income or using the company for unauthorized activities. RICO act was pass in the 1970s.

PROSECUTING RACKETEERS USING RICO

RICO is not a specific crime. Prosecutors can charge you via the RICO act if:

• A criminal enterprise existed
• The enterprise affected interstate commerce
• The defendant was associated with or employed by the enterprise
• The defendant engaged in a pattern of racketeering activity
• The defendant participated in at least two acts of racketeering activity

If convicted under the RICO act, the accused can face:

• Hefty fines ($10,000 or more)
• A first-degree felony charge
• Up to 30 years imprisonment
• Even death sentence if a murder occurred during the commission of the conspiracy

Federal crimes are usually sentenced longer and more strictly compared to those imposed for state-level frauds. Having a knowledgeable racketeering attorney by your side is essential to fight for your rights and help you throughout the process. We will be able to explain the complexities of your case and possibly get your charges dismissed, charges reduced or even obtain an acquittal at trial.

DEFENSES TO RACKETEERING CHARGES

Defending racketeering charges under RICO can be very challenging and complicated. So, working with our smart and skilled defense lawyers can help you navigate your legal rights. There are various defenses available depending upon the indictment.

First of all, is a lack of knowledge of the conspiracy and that the parties were engaged in legal activity. Other potential defenses may include withdrawal from the conspiracy or a lack of predicated acts within the conspiracy. If you are under a federal or state investigation, our racketeering defense attorney Brian Kirlew, Esq. can answer your questions concerning your charges, rights, and defenses.

CONTACT OUR EXPERIENCED MIAMI RACKETEERING (RICO) ATTORNEY TODAY

If you are under investigation for any organized crime, including racketeering and money laundering contact Brian Kirlew, Esq. immediately. We have a proven track record representing people accused in racketeering cases. Contact us at The Kirlew Law Firm to understand your way forward. All our consultations are free and confidential. Fill in this online contact form to schedule a free initial phone consultation or give us a call at (305) 521-0484 to learn how we can assist you with your case.