Law & Legal & Attorney Criminal Law & procedure

Florida Racketeering and the RICO Act

Racketeering is a serious criminal offense that is often combined with other charges to link a defendant to a criminal organization. Like money laundering and mail fraud, it is often tacked on to a series of charges to increase the criminal penalties if the individual is convicted. By definition, racketeering involves committing a criminal act for financial gain, which can include a number of different offenses. If you or someone you know has been charged with racketeering, it may be in your best interest to consult with a criminal defense attorney as soon as possible to prepare your defense for court.

The RICO Act

The Racketeer Influenced and Corrupt Organizations (RICO) Act is a U.S. federal law that allows a defendant's criminal penalties to be increased if he or she is found to be involved in a criminal enterprise. An offender may therefore face racketeering charges at both the state and federal levels. While racketeering charges used to be reserved for organized criminal groups such as the mafia, it is now applied to a variety of groups and activities. To be charged with racketeering, a person must have committed at least two criminal offenses in the past 10 years that qualify as racketeering activity. These may include:

- Any type of fraud
- Extortion
- Embezzlement
- Bribery
- Robbery or theft
- Counterfeiting
- Drug trafficking
- Human trafficking
- Money laundering
- Murder (for financial gain)

Committing two counts of any of the above offenses constitutes a pattern of racketeering activity and could lead to an investigation to link the offender to an organized criminal enterprise.

Charges and Penalties

A racketeering charge in the state of Florida is classified as a first degree felony, the most severe level of charge a person can face behind only a life felony. A first degree felony conviction may carry a number of severe penalties, such as:

- Up to 30 years in prison for a state conviction
- Up to $10,000 in fines for a state conviction
- 10 or more years in prison for a federal conviction
- Fines totaling up to 3 times the gross amount of funds illegally obtained
- Restitution payments to the racketeering victims
- Registration as a felon

For More Information

Clearly a racketeering conviction can lead to costly penalties that affect your life for years to come. To learn more about racketeering charges and preparing your legal defense, visit the website of the West Palm Beach criminal defense lawyers of Eric N. Klein & Associates, P.A., today.
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