Georgia Jury Instruction - RICO - Conspiracy Offense
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A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact; makes a false, fictitious, or fraudulent statement or representation; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or ...
Penalty for a RICO Conviction in Georgia A person convicted of a crime under the RICO Act will be guilty of a felony and will be punished by prison, a fine, or both. If the penalty is prison, the term will be between five and twenty years.
The Georgia RICO Act contains within it a statute of limitations that says that the limitations period is five years.
You must have 2 or more persons who 2. Intentionally 3. make an agreement 4. to violate federal law or defraud the United states, and then 5. Commit some overt act in furtherance of the agreement.
- Conspiracy statute, O.C.G.A. § 16-4-8, is not unconstitutionally vague because the statute's term "overt act" unambiguously refers to a specific type of open or manifest act made in furtherance of a conspiracy to commit a crime.
Georgia Law on Conspiracy O.C.G.A. §16-4-8 defines conspiracy as when a person commits the offense of conspiracy to commit a crime when he together with one or more persons conspires to commit any crime, and any one or more of such persons does any overt act to effect the object of the conspiracy.
Effective conspiracy defense strategies can rely on proving that: You did not get involved in any agreement to commit a crime, so the conspiracy did not exist. You had no intent to commit a crime. You did not know the plan involved criminal activity.
Properly set forth the essential elements of conspiracy, which are: (1) a mutual agreement or understanding, (2) knowingly entered by the defendant, with (3) an intent to jointly commit a crime.
