New York Jury Instruction - RICO - Conspiracy Offense
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How to fill out Jury Instruction - RICO - Conspiracy Offense?
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FAQ
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.
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.
A conviction under RICO has serious consequences. Not only does the RICO statute provide for criminal penalties including 20 years of prison, but the financial penalties are severe. A person convicted can face a fine of either $250,000 or double the amount of proceeds earned from illicit activity.
Since the burden of proof is on the prosecution, if they are unable to prove beyond a reasonable doubt that the defendant was involved in racketeering, then he or she must be acquitted. RICO charges also cannot be made if it cannot be shown that a crime or crimes were part of a criminal enterprise.
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.
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.
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.
The criminal RICO statute provides for prison terms of 20 years and severe financial penalties. The law also allows prosecutors to attach assets, so they can't be whisked out of the country before judgment.