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If you are contesting a RICO case, you must wonder if anyone has ever successfully fought one. You would be subject to heavy penalties and lengthy prison terms if found guilty of this offence. You must be considering your chances of fending off a RICO accusation. How then do you defend yourself against a RICO claim?

You’re in the right place if you’re looking for a solution. In this post, we’ll learn more about this particular charge, the crimes that can result in the charge, the applicable laws, and persons who have successfully fought RICO charges in the past.

RICO charges and their intent

Racketeer Influenced and Corrupt Organisations, or RICO, is what it stands for (more on Wiki). It’s an accusation that results from the Organised Crime Control Act of 1970. The law has been referred to as the RICO Act since that time.

The act initially targeted their business operations to bring these organisations’ leaders to court. Because they didn’t conduct the crimes, the leaders are the ones who provide the orders and would thus be exempt from prosecution.

Since 1970, RICO has undergone considerable change. Racketeering is now included in its scope. Now it is going after companies that make money by using threats and extortion. We will hold the owners or executives of this company accountable.

A RICO accusation: how does one proceed?

To qualify for a RICO accusation, two essential conditions must be met.

the criminal behaviour pattern. The RICO predicate offences must have occurred no more than twice in the previous ten years. unsavoury business. Illegal actions must be carried out by or be the product of a gang or criminal organisation.

The RICO Act’s three offences

You can be charged with federal RICO for the following predicate offences or particular crimes.

1. Bank fraud

RICO under civil law covers bank fraud. You have the right to file a civil RICO lawsuit against a bank if it employs threats of violence and intimidation to pressure you into selling your belongings or giving up collateral.

2. Illegal drug sales

One of the most common RICO charges is drug trafficking. The Rodriguez Enterprise case, which occurred in 2012, is an excellent illustration of this. Drug trafficking charges were brought against nine members of the gang.

At the time, the business was regarded as a sizable racketeering ring with participants who were experts in the sale of large quantities of Indian hemp. A few of them had also committed murders and other terrible crimes. Among the offences committed were perjury, obstruction of justice, and money laundering.

3. Killing

A man named Brandon Durell Hardison was found guilty in 2021 of murdering witnesses, committing RICO, and other heinous offences. He also operated as a hitman for the Gangster Disciples, a nefarious racketeering organisation.

RICO charges may also be brought for other crimes like forgery, abduction, arson, bribery, embezzlement, mail fraud, money laundering, and extortion.

How can you defend against a RICO accusation?

Many persons have successfully defended themselves against RICO allegations in the past or had the charges against them withdrawn. Here are a few Americans who successfully defended themselves against RICO allegations.

1. Brian Harper

Following Operation Shut Down the Hustle, a wiretap investigation, Brian Harper was taken into custody and charged with RICO. Harper was accused of belonging to the Four Corners Hustlers, a vicious organisation.

According to the Illinois Street Gang, Racketeer Influenced and Corrupt Organisations Act, the gang has broken this law. In contrast to other defendants, Harper was judged to have been less active in the crimes, hence the state chose to withdraw the charges.

2. Biker gang from Vagos

2020 The Vagos Biker was accused of participating in a RICO scheme. In the same year, the state decided not to press charges against the members. The group was charged with racketeering and killing the boss of a rival gang in a gunfight.

3. Winston Connor, II

RICO accusations were brought against Winston Connor II, a criminal defence lawyer, in February 2022. His apparent association with Slint Tate, a murderer, was the basis for the charges. He was given a life sentence today for the 1999 murder of Oklahoma deputy Vernie Milford.

prevalent RICO cases

Numerous well-known RICO cases that are still known today have occurred since 1970. Here are a few well-known RICO cases over the years.

1. Young Thug

Due to his alleged involvement in gang operations, Young Thug, a rapper from the US, ran into legal issues. Among the 28 individuals participating in the crime were Young Thug and Gunna. RICO, as known as the Racketeer Influenced and Corrupt Organisations Act, has 56 counts in all. He is still being charged with RICO.  

2. Michael Milken

The well-known US entrepreneur and benefactor Michael Milken. As a result of his involvement in the growth of the high-yield bond market, he was charged with RICO in 1989.

To avoid receiving a life sentence, Milken entered a guilty plea to six charges of securities and tax offences. As part of a plea agreement, the judge gave him a two-year prison term. The president of the United States, Donald Trump, pardoned Milken in 2020.

3 R. Kelly

On allegations of sex trafficking and federal racketeering, well-known US musician R. Kelly risked a 30-year jail sentence. His role as the mastermind behind a long-running scam and sex trafficking operation was established by the court. Children and black women make up a large portion of the casualties.

4. John Gotti

The Gambino Crime Family included John Gotti. He was charged with murder as well as racketeering. He received a life sentence without the possibility of release in 1992 when the court judged him guilty

 5. Sonny Barger

The Hells Angels Motorcycle Club’s founding member and main figure was Sonny Barger. 1979 RICO charges were brought against Sonny, his wife, and several club members due to drug and illegal weapon use.

Sonny and his wife were acquitted after a mistrial, along with another defendant. The club’s other nine participants did not, though.

Alternatives to RICO charges

You must analyse the circumstances of your case and develop a compelling defence plan to defeat RICO allegations with the help of your criminal defence attorney. The specifics of the crime must match the RICO Act’s technical criteria to file RICO charges against a person.

Following are some strategies for fending off RICO charges:

1. Adolescence

You must make every effort to establish your innocence if you think you are not responsible for the offences that led to the RICO accusations. On occasion, prosecutors would attempt to drop the charges after realising they had the wrong witness on the witness stand. Additionally, keep in mind that you can still be charged with other criminal offences even though the RICO accusations have been abandoned or dismissed. 

2. Not belonging to a criminal organisation

RICO won’t apply if you can demonstrate that you’re not a part of the alleged criminal organisation, that you’re not one of its members or agents, or that your actions have no connection to any criminal organisation. Once again, you can still be held accountable for previous offences.

Has RICO given a federal offence any thought?

Federal law is the RICO Act. The charges are therefore also federal. RICO charges, however, may be pursued against a defendant in some states. For instance, since June 2012, the Illinois Street Gang and Racketeer Influenced and Corrupt Organisations Act has been in effect. The limitation period The statute of limitations for civil RICO claims is four years.

The US Supreme Court’s 1987 decision in Agency Holding Corp. v. Malley-Duff & Associated, Inc. marked the beginning of this. When law enforcement officials find the damages, the statute of limitations starts to run.

penalties and accusations

RICO carries a possible 20-year jail sentence as a federal felony conviction. However, if any of the predicate offences carry a life sentence, the defendant may be sentenced to life in prison. Murder is a frequent crime associated with this.

Additional punishments include:

Asset forfeiture $250,000 fine or double the amount of income made from racketeering. Remember that civil RICO cases could emerge from RICO charges, and the damages could quadruple the actual losses brought on by racketeering.

Conclusion

Therefore, the answer to the question “Can you beat a RICO charge?” is that you can. A RICO charge must be defined for us. Furthermore, several defendants who have defeated RICO or had the charges dropped have other legal arguments that were pertinent to their cases.

#CASES #PENALTIES #RICOCASES #RICOCHARGES

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