Top Bay Area, CA Racketeering Lawyers Near You

What Is a Racketeering Violation?

Racketeering is a pattern of criminal activity carried out by a criminal organization or enterprise. Racketeering is a federal crime under the Racketeer Influenced and Corrupt Organizations Act (RICO) Act but many states have similar state RICO laws. Racketeering can include organized crime offenses, including fraud, extortion, or loan-sharking. However, racketeering can also target gang activity, corporate fraud, or corrupt government officials.

What Is a Pattern of Racketeering Activity?

The Racketeer Influenced and Corrupt Organizations Act (RICO) is the federal anti-racketeering law. In order for federal prosecutors to prove a defendant is guilty of a RICO offense, they have to show conduct of an enterprise through a pattern of racketeering activity. A “pattern of racketeering activity” requires at least two acts of racketeering committed within a ten-year period. Generally, the criminal acts amount to continued criminal activity.

Racketeering can also include collection of unlawful debt. Under federal law, collection of unlawful debt is an alternate ground for RICO charges and does not require a pattern of activity. Examples of unlawful debt collection include trying to collect illegal gambling debt, loan-sharking, or threatening harm to the victim’s family if the debt isn’t paid.

Is Racketeering a White Collar Crime?

White-collar crimes often involve fraud or misrepresentation that is financially motivated. Generally, white-collar crimes are committed through non-violent means through fraud or misrepresentation. Some racketeering offenses are considered white-collar crimes, including embezzlement, securities fraud, or money laundering. However, racketeering also includes violent offenses, which are generally not considered white-collar crimes.

What Crimes Are Covered by the RICO Act?

Crimes covered by the RICO Act include state and federal crimes. State crime racketeering offenses may include murder, robbery, kidnapping, and extortion. According to the Justice Department, racketeering activity includes more than one hundred federal offenses, including, but not limited to:

• Illegal gambling
• Drug trafficking
• Bribery
• Dealing in obscene matter
• Counterfeiting
• Embezzlement
• Witness tampering
• Human trafficking
• Money laundering
• Terrorism
• Mail fraud
• Healthcare fraud
• Wire fraud
• Insurance fraud
• Securities fraud

How Long Do You Go To Jail for Racketeering?

Racketeering charges come with severe criminal penalties. A conviction for racketeering can include up to 20 years in prison. However, jail time can include life imprisonment if the underlying offense carries the possibility of life in prison. For example, racketeering involving illegal gambling may have a maximum prison sentence of 20 years. Racketeering involving murder can result in a life sentence.

Is Racketeering a Felony?

At the federal level, racketeering is a felony, punishable by more than a year in prison. State racketeering offenses are felonies, which are punishable by more than one year. A conviction for a felony has long-term consequences that will follow the individual after release from prison. As a felon, you may be restricted in gun ownership rights, voting rights, and holding public office. A felony criminal history may make it more difficult to find housing or get a job.

How Can a Racketeering Attorney Help You?

Investigative agencies may take years to conduct a racketeering investigation. If you think law enforcement or a federal government agency suspects you of committing criminal activities, contact an experienced criminal defense attorney for advice. A defense attorney can represent you during an investigation to make sure you don’t accidentally say something that could be used against you.

Even if the district attorney’s office does have a strong case against you, a legal representative on your side can negotiate a plea agreement. A plea bargain may allow you to avoid the most serious charges, reduce your criminal sentence, and help keep your property.

If you want to fight the criminal charges, a racketeering defense attorney can build a strong legal defense, challenge the state’s evidence in criminal court, and fight to get the criminal charges dropped or win your case in court.