New Mexico Jury Instruction - RICO - Conspiracy Offense
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FAQ
In a criminal case, the burden of proof must be beyond a reasonable doubt. In civil cases, the burden of proof is by a preponderance of the evidence. The judge will explain what these terms mean for a given case in the jury instructions.
Drug trafficking, money laundering, embezzlement of funds are all forms of racketeering.
The Act provides that whoever obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion, or attempts, conspires, commits or threatens physical violence to any person or property is subject to a fine and/or imprisonment. 18 USCS § 1951.
For the purposes of a civil RICO claim, the key thing to know is that predicate acts are simply acts that are explicitly listed by in the statute. Put another way, predicate acts are independently listed unlawful conduct that could constitute racketeering activity.
The U.S. government introduced the RICO Act, or Racketeer Influenced and Corrupt Organizations Act (RICO), in the 1970s to combat organized crimes that come under racketeering. The act prohibits the illegal acquiring, operating, and receiving of uncalled income.
Criminal RICO The law defines 35 offenses as constituting racketeering, including gambling, murder, kidnapping, arson, drug dealing, bribery. Significantly, mail and wire fraud are included on the list. These crimes are known as "predicate" offenses.
Those charged under RICO face severe penalties. Because of the intricate nature of ?predicate? crimes, including money laundering, an experienced attorney is critical. The Philadelphia-based team at Neff & Sedacca, PC has the expertise to handle these cases at the state and/or federal level.