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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.
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.
There are 35 specific crimes included in the RICO Act. Gambling. Murder. Kidnapping. Extortion. Arson. Robbery. Bribery. Dealing in obscene matter.
Is it possible to beat a RICO charge? Yes, but it is difficult work that requires expert and specialized attorneys. If you want a chance at freedom, you've got to hire the best.
To violate RICO, a person must engage in a pattern of racketeering activity connected to an enterprise. 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.
RICO offenses are automatically given a base offense level of nineteen or the level applicable to the predicate act, whichever is greater .
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.