District of Columbia Jury Instruction - RICO - Conspiracy Offense
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Under the RICO statute, the maximum penalty for racketeering includes a fine, and up to 20 years in federal prison. An individual may also have to turn over illegal profits or other property gained from racketeering.
If you are found guilty under the RICO Act, you may face up to 20 years in prison and must forfeit all properties and the interest in business gained due to the violation. However, if the RICO violation is based on a crime for which the maximum penalty is a life sentence, a life sentence may also be imposed.
Potential Racketeering Punishments On its face, a RICO charge carries with it the possible maximum of twenty years imprisonment. There is no floor on the possible sentence for a base RICO charge, meaning there is no mandatory minimum.
Although RICO charges are a serious matter, there are some strong defenses against them. For example, if the defendant's Fourth Amendment rights are violated because some evidence was illegally entered, that is a valid defense.
What Are The Penalties if Convicted? Generally, those convicted of Federal Racketeering/RICO crimes are sentenced to a maximum 20 years and $25,000 fines per count. So for a Federal RICO case at least two offenses in a ten-year period must be charged and in many cases, far more specific charges are brought.
RICO is closely linked and related to conspiracy charges, and these charges, often given in tandem, are a prosecutor's favorite weapon. Originally designed to enable the federal government to better protect people from the violence of the Mafia, RICO charges are used against all sorts of people.
Beating a RICO charge is tough, but it isn't impossible. If you or your organization is under investigation for RICO charges, you don't just need any lawyer, you need a federal criminal defense lawyer who isn't afraid to go to trial in a federal court.
The Racketeer Influenced and Corrupt Organizations Act (RICO) of 1970 seeks to strengthen the legal tools in evidence gathering by establishing new penal prohibitions and providing enhanced sanctions and new remedies for dealing with the unlawful activities of those engaged in organized crime.