Let’s say you are fighting a RICO charge right now, you must be asking has anyone ever beat a RICO charge before? This charge means that you’re facing lengthy prison sentences complete with fines if convicted. You must be wondering if you can beat a RICO charge. So how do you beat a RICO charge?
If you’re curious about the answer, then you’re in the right place. In this article, we are going to learn more about this specific charge, the crimes that can bring the charge, the relevant laws, and including people who beat RICO charges in the past.
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The meaning behind a RICO charge
RICO is short for Racketeer Influenced and Corrupt Organizations (see more on Wiki). It is a charge that was born from the Organized Crime Control Act of 1970. Since then, the act goes by the name of the RICO act.
The act initially targeted organized crime enterprises to bring the leaders of these groups to justice. The leaders are the people who order the crimes and would escape prosecution since, technically, they didn’t commit the crimes directly.
RICO has changed a lot since 1970. It has now been expanded to target racketeering. It is now targeting businesses that get profit through the means of coercion and extortion. The leaders or heads of this business will be declared the culprit.
For more information, read RICO Act for Dummies.
How can someone get a RICO charge?
There are two main elements that must exist for someone to get a RICO charge.
- The pattern of criminal activity. There should be at least two RICO predicate offenses committed within 10 years of each other.
- A criminal enterprise. A criminal group or a gang must exist or be behind illegal activities.
The 3 crimes in the RICO act
Predicate offenses or specific crimes that can bring upon federal RICO charges are the following.
1. Bank fraud
Bank fraud is categorized as Civil RICO. If a bank uses extortion and coercion to force you to sell your assets or make you provide collateral, you can bring Civil RICO charges against the bank.
2. Drug trafficking
Drug trafficking is a classic type of RICO charge. A great example of this is the Rodriguez Enterprise case that happened in 2012. Nine members of the group were charged with drug trafficking.
Back then, the enterprise was known as a huge racketeering organization with members who specialized in selling huge quantities of Indian hemp. Some of them were also involved in murders and other violent acts. Money laundering committed, perjury, and obstructed justice were also among the crimes committed.
3. Murder
In 2021, a man called Brandon Durell Hardison was convicted of RICO Murder, killing witnesses, and other violent crimes. He was also known as a hitman and enforced a criminal racketeering enterprise called the Gangster Disciples.
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There are also crimes that can bring a RICO charge, such as counterfeiting, kidnapping, arson, bribery, embezzlement, mail fraud, money laundering, and extortion.
How to beat a RICO charge?
There are many people who have beaten a RICO charge in the past or have the charges dropped on them. Below are some people in the US who beat a RICO charge.
1. Brian Harper
Brian Harper was arrested and charged with a RICO charge after a wiretap investigation called Operation Shut Down the Hustle. Harper was accused of being a member of a violent gang called the Four Corners Hustlers.
The gang has violated the Illinois Street gang, Racketeer Influenced, and Corrupt Organizations Act. However, the state decided to drop the charges because they found that Harper was less involved in the crimes compared to other defendants.
2. Vagos biker gang
The Vagos Biker was charged with RICO charges back in 2020. The state dropped the charges against the members in the same year. The court accused the gang of racketeering and murder of the leader of a rival gang in a shootout.
3. Winston Connor, II
Winston Connor II was a criminal defense attorney who faced RICO charges back in February 2022. The charges were related to his alleged connection with a murder convict, Slint Tate, who is now serving a life sentence for the murder of Vernie Milford, a deputy of Oklahoma, back in 1999.
Popular RICO cases
Since 1970, there have been many popular RICO cases that we know today. Here are some popular RICO cases throughout the years.
1. Young Thug
A US rapper, Young Thug, got in trouble with the law due to his alleged involvement in gang activities. Young Thug and Gunna were among the 28 people who involved themselves with the crime. In total, there are 56 counts of the Racketeer Influenced and Corrupt Organizations Act or RICO. He is still currently facing RICO charges.
2. Michael Milken
Michael Milken is a famous US businessman and philanthropist. He was indicted with RICO charges in 1989 for his involvement in the development of the market for high-yield bonds.
Milken pleaded guilty to six counts of securities and tax violations because he didn’t want a life sentence. The court sentenced him to two years prison sentence in a plea bargain. In 2020, Milken received a presidential pardon from President Donald Trump.
3. R. Kelly
R. Kelly, a famous musician from the US, faced 30 years in prison on sex trafficking charges and federal racketeering. The court found him to be the ringleader of a decades-long racketeering and sex trafficking scheme. Many of the victims are black women and children.
4. John Gotti
John Gotti was a member of the Gambino Crime Family. He faced murder and racketeering charges. The court found him guilty and sentenced him to life imprisonment without parole in 1992.
5. Sonny Barger
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Sonny Barger was a key member and the founder of the Hells Angels Motorcycle Club. In 1979, Sonny, his wife, and several members of the club were facing RICO charges, citing drugs and illegal weapons.
After a mistrial, Sonny and his wife, and another person escaped conviction. However, the other nine members of the club did not.
Ways to beat RICO charges
To beat RICO charges, you and your criminal defense attorney must assess the nature of your case and create a strong defense strategy. To bring RICO charges on a person, the circumstances of the crime must fit the technical definition of the RICO act.
Some ways to beat RICO charges are the following:
1. Innocence
If you believe that you are innocent of the crimes that brought about the RICO charges, you must do everything you can to prove your innocence. Sometimes prosecutors realize that they have the wrong person on the stand and will try to dismiss the charges.
Also, remember that just because the RICO charges have been dropped or dismissed, you might still face other criminal offenses that you’re accused of.
2. Non-membership of a criminal enterprise
If you can prove that you’re not a member or agent of the criminal enterprise in question or your activities are not related to a criminal enterprise whatsoever, RICO will not apply. Again, you might still have to face the consequences of other crimes.
Has RICO considered a federal charge?
The RICO act is a federal law. So the charges are also federal. However, in some states, RICO charges can be brought upon a suspect. For example, the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Act that has been around since June 2012.
The statute of limitation
For RICO civil claims, the statute of limitation is four years. This began with the adoption of the case of Agency Holding Corp. v Malley-Duff & Associated, Inc. back in 1987 by the US Supreme court. The statute of limitation begins when the law enforcers discover the damages.
Penalties and charges
As a federal felony charge, RICO carries a maximum of 20 years of a prison sentence. However, one can face life imprisonment if any of the predicate crimes are punishable by such. A common crime that is related to this is murder.
Other penalties include:
- Restitution
- Asset forfeiture
- $250,000 in fine or twice the profits gained from racketeering
Also, keep note that civil suits RICO could arise from RICO charges, and the damages could result in triple the actual damages caused by racketeering.
Conclusion
So the answer to the question “Can you beat a RICO charge?” is yes, you can beat a RICO charge. We have to know what a RICO charge is. Also, some individuals who have beaten RICO or had the charges dismissed had other legal points that are relevant to their cases.
Source: https://t-tees.com
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