Miami Federal RICO Defense Lawyer

Our Areas Of Practice

Racketeer Influenced and Corrupt Organizations Act “RICO”

A special federal law that can arise when multiple defendants have engaged in a continuing criminal enterprise is the Racketeer Influenced and Corrupt Organizations (RICO) Act. If any federal law enforcement agency has arrested you and the RICO Act comes into play in your case, you could potentially face much harsher penalties due to your involvement in an organized criminal enterprise. If you find yourself in this situation, you need a federal RICO defense attorney you can trust.

Michael J. Rosen, P.A., specializes in federal criminal defense for clients all across the country. Over the decades of our firm’s practice, we have successfully assisted many clients in all manner of federal criminal cases, including those that involve RICO. Our firm excels in trial preparation and careful statutory review of federal law. Our goal in every case we accept is to help our clients take full advantage of every defensive option available to them, help them avoid conviction if possible, and assist them in reducing their penalties when necessary.

Understanding Federal RICO Charges in the United States

Established in October of 1970, the initial purpose of the RICO Act was to discourage participation in organized crime by significantly increasing penalties compared to standalone criminal offenses. At first, this was to target gang members who would often send other members to carry out the “dirty work” or violent crimes, hiding behind their accomplices to avoid being charged by federal law. Instead, racketeering now targets an umbrella of individuals all working together under one enterprise to carry out a series of interconnected crimes, typically for money gain; this can also include former Presidents and their entourage. Over the years, racketeering charges have continued to grow to include a wide range of criminal acts performed under the umbrella of an enterprise. Some of the classifications that can fall under a RICO charge include:

• Gambling
• Drug trafficking or other drug-related crimes
• Human trafficking
• Violent crimes
• Embezzlement
• Extortion
• Mail/wire fraud
• Counterfeiting
• Money laundering
• Kidnapping

A major distinction in RICO punishment allows for the forfeiture of illegally obtained assets. It can feel unfair to face prosecution under the RICO Act, especially if you are charged for the actions of others that you believe had nothing to do with you. An experienced federal RICO defense attorney is the ideal asset to have on your side in this very challenging situation.

Punishments You Could Be Facing If Convicted of a RICO Charge

If found guilty of a RICO charge, the punishments are severe and life-altering. Since all RICO charges are different, there is no standard punishment for every individual convicted. Individuals may receive up to 20 years of jail time with fines up to hundreds of thousands of dollars, and critically forfeiture of assets associated with the RICO enterprise. Additionally, if you inflict injury on someone, or cause damage to property, added fines could be incurred based on the cost of the damages. In most cases, the convicted person will be stripped of all the money they have previously accumulated through racketeering activities.

How a RICO Defense Attorney Can Impact the Outcome of Your Federal Criminal Case

Federal charges, such as racketeering, tend to receive some of the harshest punishments by the court. Standing alone in a courtroom that is against you is never a good idea with a crime of this caliber. Whether you are guilty or not, hiring a RICO lawyer is your ideal option for proving your innocence or reducing your charge.

Experienced defense attorneys may build your case around any of the following platforms to help reduce or dismiss your sentence:

• Ignorance: Being convicted of a RICO charge does not always mean that you were completely aware of what you were doing or what members of your enterprise were doing under your name. Although this may be rare, it is possible that the criminal activity that was occurring on behalf of your organization was being kept a secret from you. Sometimes, to advance in a career or earn extra income, you may have turned a blind eye to the red flags of potentially dangerous people or situations occurring in your enterprise. If this sounds familiar, or there is not a substantial amount of evidence to prove that you knew about any racketeering activity, a RICO defense attorney may utilize ignorance to your benefit in the courtroom.
• Too Much Time Between the Incidents: For the court to convict an individual of racketeering, at least two incidents of racketeering must have occurred within five years of one another. If two separate racketeering incidents occurred more than five years apart, then the court cannot find an individual guilty of the offense.
• An Old Offense: The timeframe of the RICO charge is very important in proving the defendant guilty. There are specific time requirements built into the RICO statute which the government must establish or the case will be thrown out of court.
• Isolated Instances: To be considered racketeering, two separate crimes must be connected through one enterprise. Lawyers must investigate the nature of these incidents and declare that they were not in fact connected. Therefore, they cannot be classified as racketeering.

The federal government takes racketeering extremely seriously, and federal prosecutors have comprehensive knowledge of the laws surrounding these charges. Without the help of a criminal attorney, you are subject to some of the harshest punishments the court can impose. Whether you know you are guilty or not, having an attorney navigate the complications and legalities of the courtroom can greatly benefit the outcome of your case.

Choosing an Experienced Criminal Attorney

Attorney Michael J. Rosen, P.A., can provide the responsive and detail-oriented criminal defense representation you need when you are faced with a RICO prosecution. Our Miami FL firm has a solid professional record of successful past cases, and Attorney Michael J. Rosen is ready to leverage this experience on your behalf as your federal RICO defense attorney. His knowledge on this subject runs deep due to his many years of teaching RICO at the University of Miami School of Law.

Benefits of RICO [Federal] Criminal Defense Counsel Facing federal prosecution under the RICO Act is very different from facing standard criminal prosecution at the state or federal level, regardless of where you live. Most federal law enforcement agencies do not move on to arrests until they have airtight evidence against the subjects of their investigations. However, they must still follow the laws of due process and respect the Constitution at all times during their investigations.. Therefore, you need an experienced federal RICO defense attorney not only because of the gravity of the penalties you could face if convicted but also to ensure that all proper procedures are followed during all stages of your case.

When you choose Attorney Michael J. Rosen for your RICO defense, our team will begin immediately reviewing the details of your case. RICO cases typically involve multiple criminal charges, and it is possible for more than one federal agency to participate in the prosecution of a federal case.. Therefore, your federal RICO defense attorney will be essential for filing necessary pretrial motions, securing any exculpatory evidence that may assist in your defense, and guiding you through all stages of the proceedings ahead of you.

FAQs About Miami, FL Federal RICO Defense Laws

Can You Beat a Federal Rico Case?

Yes, beating a RICO charge is possible. For the court to convict an organization or individual of RICO charges, they must prove beyond a reasonable doubt that:

• There was a real enterprise.
• You were employed by that enterprise.
• Through that enterprise, you participated in at least two separate racketeering activities.
• The enterprise was interfering in matters of interstate or foreign commerce.

Hiring a criminal defense lawyer is the ideal way to fight against these charges, as they can help craft a case specific to the unique nature of the crime to achieve beneficial results for the defendant.

Has Anyone Ever Beat a RICO Charge?

Since the RICO Act went into effect in 1970, dozens of individuals accused of RICO charges have been proven innocent of committing the offense. This is possible due to the unique and specific circumstances the crimes must fall under to be classified as racketeering. If the charges are proven to not meet these specific circumstances, then the charges must be dropped, whether the individual is guilty or not.

How Do You Win a RICO Case?

Due to the serious and complex nature of RICO laws, the chances of winning a RICO case on your own are slim. Your greatest chance of winning a RICO case is by hiring an experienced criminal law attorney. Criminal defense attorneys know the ins and outs of the legal system, and they can help you determine the right path for not only reducing your charges but, in the most ideal scenarios, getting your case dismissed.

What Is the Minimum Sentence for a RICO Charge?

RICO cases are complex and vary in severity. Some individuals may have low involvement in criminal activity within the enterprise, whereas others could have heavy involvement. The nature of the case also affects the sentencing. Violent crimes, such as murder, tend to get a higher sentence, but despite every case being different, if convicted as guilty under RICO crimes, an individual is most likely looking at a minimum of 10 years in prison.

What to Expect From Our Miami Federal RICO Defense Lawyers

Our team maintains a small caseload to ensure every client we represent has our undivided attention. Federal cases tend to unfold very rapidly, and it’s vital to have an experienced defense team on your side capable of handling court filings and responses as efficiently as possible. When it comes to RICO defense, our firm routinely assists clients with trial preparation, helping them approach all their courtroom proceedings with greater confidence and peace of mind. When a conviction is all but certain, our team aggressively represents clients in the plea-bargaining process to help them secure the most favorable terms possible.

Every RICO case is unique, and every defendant in federal court needs defense representation they can trust to navigate these cases to the greatest attainable outcomes. You have the right to legal counsel under the US Constitution when you are accused of any crime, and it is especially vital to take full advantage of this right if any federal law enforcement agency arrests you under the RICO Act. Contact Attorney Michael J. Rosen, P.A., today and schedule your consultation with a federal RICO defense attorney you can trust.