RICO: Racketeer Influenced & Corrupt Organizations Act

What is RICO?

Under the Federal Racketeer Influenced and Corrupt Organizations Act (RICO), a person who is a member of an enterprise that has committed any two of 35 crimes within a 10-year period can be charged with racketeering (RICO). A person found guilty can face a maximum sentence of up to 30 years in prison, and must also forfeit all properties and interest in any business, profit, or revenue gained through the violation of the RICO Act. Additionally, the government may attempt to seek a pre-trial restraining order or injunction to temporarily seize a defendant’s assets and prevent the further transfer of potentially forfeitable property.

RICO in Florida

RICO was first enacted as part of the Organized Crime Control Act of 1970. The act allows prosecution and civil penalties for racketeering activity performed as part of an ongoing criminal enterprise. The crime can be prosecuted in either State or Federal Court, as both jurisdictions provide for extended criminal and/or civil penalties.

Florida’s RICO Act refers to participating in an enterprise through a pattern of racketeering. Florida’s act similarly mirrors the Federal Act. These prosecutions often involve a voluminous amount of wiretapping evidence as well as financial records. A person convicted under the Act is guilty of a first-degree felony punishable by up to 30 years in Florida State Prison. Further, a court may impose a criminal penalty requiring an individual to pay a fine of up to three times the amount gained or three times the value of the property damage or other loss caused.

The elements of the offense include:

  1. The person arrested for racketeering was associated with an enterprise;
  2. The person arrested for racketeering either directly or indirectly participated in the enterprise by engaging in at least two incidents of “racketeering activity:” and,
  3. For those incidents in which the person arrested for racketeering was engaged, at least two of them had either similar or the same types of the following:
    1. Victims
    2. Intents
    3. Results
    4. Accomplices
    5. Methods of commission; or
    6. Were interrelated by distinguishing characteristics that were not isolated incidents.

If you or your loved one find themselves in a situation where you are being accused of RICO, call us right away at 407-930-8912 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida:

*Additional Orlando Florida & Orange County Legal Resources