With Texas being a border state and the home to many company headquarters, federal investigators are looking into racketeering practices that span various states.
The RICO Act may have been developed to bring down the Mafia, but it has been used more recently to go after politicians, prominent business tycoons, and street gangs affiliated with drug cartels.
As one of the most experienced and capable federal as well as state criminal defense firms in the Houston area, the SKJ Law Firm is here to cover the history of the RICO Act, the affiliated charges, and the penalties you can face if you are convicted.
What is the RICO Act?
In 1970, the Racketeer Influenced and Corrupt Organizations Act, or RICO Act, was instituted into law to combine a series of different crimes listed as a part of this act. Before the RICO Act took effect, crime bosses in large cities were able to order others who worked for them to commit crimes and not have it linked back to them.
The RICO Act was instrumental in taking down the Mob and Mafia after decades of crime and has been used since to clean up other areas with excessive crime bosses. In more recent years, it has been used for corporate racketeering that has developed through several states and those working with cartels for drug trafficking along the border.
With RICO, they can charge bosses, heads of organizations, and even CEOs for heinous crimes, even if they didn’t physically do it but were found to have taken actions in their outcomes.
These cases take longer to build and require evidence of these crimes, but they can punish all parties involved, not just the person who committed the act. Those found guilty under the RICO Act are punished according to federal law and, if serving time, will do so in federal prisons throughout the country.
What Are RICO Charges?
For someone to be charged with RICO charges, their criminal actions must be related to a larger racketeering and crime organization. There are over 35 crimes, the most common being extortion, bribery, loan sharking, and other white-collar crimes.
Some of the more common crimes, like murder and illegal drug sales, are also affiliated with the RICO Act.
Under this law, more minor unrelated crimes can be forged under the same umbrella and offer more significant penalties if the defendant is found guilty of these crimes.
RICO charges include the following:
- Arson
- Theft
- Murder
- Robbery
- Kidnapping
- Drug trafficking
- Money laundering
These are just some of the most common crimes that were used as a compilation in past and current cases that may be being processed. Basically, any violent or white-collar crime that is illegal and ordered out by leaders in a group can be filed under the RICO Act, and they can be charged.
What Are The Penalties Under the RICO Act?
If someone is found guilty of one or more crimes under the RICO Act, there are several penalties they can receive, and they can endure multiple penalties for each crime. Penalties include:
- Time in prison (varies on the severity of the crime)
- Fine to the government
- Triple damages and attorney fees to be paid out to victims and/or their families
- Criminal forfeiture (status)
These penalties can cripple a criminal financially, especially with damages being paid out in triple costs. Also, those convicted of RICO Acts are charged with felonies that will require them to identify as such and lose some of their basic rights once they are out of prison.
The prison time associated with the RICO Act is directly related to the severity of the crime committed and the amount of collaboration the convicted did to help with other crimes.
Federal Defense Attorneys in Texas
If you or your organization are being brought up on federal charges such as the RICO Act, you need to get the legal representation you deserve. With over 100 years of collective experience representing clients in Federal and State criminal cases, the SKJ Law Firm has successfully defended clients in Houston, as well as other jurisdictions across the United States.
Contact our team of experienced attorneys online or call us at 713-228-8500 today if you need help.
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