Miami Rico Act Defense Lawyer

Miami Racketeering Attorney, Serving Fort Lauderdale & the Nearby Areas

Racketeering can take many different forms. Both federal and state laws criminalize racketeering in order to fight organized crime. Florida’s RICO (Racketeer Influenced and Corrupt Organization) Act prohibits racketeering patterns. It is similar to the federal RICO Act, but there are critical differences. If you are being prosecuted under state or federal anti-racketeering laws, an experienced Miami RICO Act defense attorney can help you understand your legal options.

Schedule your free consultation today by calling 305-249-0090 if you case is out of Miami, 954-524-4474 if you case is out of Broward County, or contacting us online.

Understanding the Federal RICO Act

The federal RICO law became effective as Title IX of the Organized Crime Control Act of 1970. The original purpose of passing it was to pursue those engaged in organized crime. Under the federal RICO law, someone who commits two criminal activities related to racketeering and involving interstate commerce within a 10-year period can be prosecuted. Under this law, racketeering can take many different forms. It can consist of acts or threats involving kidnapping, murder, gambling, arson, bribery, extortion, robbery, or dealing in a controlled substance or listed chemical that can be charged under Florida law and result in more than a year of incarceration. It can also include other enumerated acts.

It's illegal for anybody who’s received any income indirectly or directly from a pattern of racketeering conduct or through collection of an illegal debt in which that person served as a principal to use or invest any part of the income to acquire an interest in an enterprise engaged in interstate or foreign commerce.

What Crimes Fall Under the RICO Act?

The Racketeer Influenced and Corrupt Organizations Act (RICO Act) is a federal law in the United States that was enacted to combat organized crime and criminal organizations involved in a pattern of racketeering activity. Racketeering activity includes a variety of crimes, and the RICO Act allows for the prosecution of individuals or entities involved in a pattern of such criminal behavior. 

These crimes that fall under the RICO Act can include:

• Extortion: The act of obtaining property or money from someone through the use of threats, intimidation, or coercion.
• Bribery: Offering, giving, receiving, or soliciting something of value to influence the actions of a public official or other person in a position of authority.
• Money Laundering: The process of concealing the origins of illegally obtained money, typically by transferring it through a complex sequence of banking transfers or commercial transactions.
• Gambling Offenses: Including illegal gambling operations or sports betting.
• Loan Sharking: Offering loans at extremely high interest rates and using illegal or violent means to collect debts.
• Drug Trafficking: Participation in the production, distribution, or sale of illegal drugs.
• Arms Trafficking: Illegally buying, selling, or transferring firearms and other weapons.
• Prostitution: Running or participating in organized prostitution activities.
• Embezzlement: The misappropriation or theft of money or property entrusted to someone's care.
• Fraud: Various forms of fraud, including securities fraud, wire fraud, mail fraud, and healthcare fraud.
• Counterfeiting: The production and distribution of counterfeit currency or goods.
• Racketeering: Engaging in illegal activities for financial gain, often within an organized criminal enterprise.
• Witness Tampering: Attempting to influence, intimidate, or obstruct witnesses in legal proceedings.
• Homicide: Including murder for hire or contract killings.
• Kidnapping: Abduction or unlawful restraint of an individual.

The RICO Act allows law enforcement and prosecutors to target and prosecute individuals or organizations engaged in a pattern of these criminal activities. To establish a RICO violation, the prosecution typically needs to prove that the defendant was involved in at least two instances of racketeering activity within a ten-year period.

It's important to note that the RICO Act provides for both criminal and civil penalties. In a criminal case, a conviction under the RICO Act can result in substantial fines and imprisonment. In a civil case, individuals or entities may be subject to treble damages (three times the actual damages) if found liable under the RICO Act.