R.I.C.O.
The Racketeer Influenced and Corrupt Organizations Act (“R.I.C.O.”) was originally created by the federal government as a way to target and prosecute mafia and other organized crime leaders. In short, prosecutors and legislators needed a way to target crimes bosses who ordered others to commit crimes but did not themselves actually commit the crime. Over time, however, States, including Florida, have enacted their own RICO statutes to target criminal “enterprises” at the State level.
The Florida RICO Act is created and enforced by Fla. Stat. §895. Specifically, the law states:
- It is unlawful for any person who has with criminal intent received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an unlawful debt to use or invest, whether directly or indirectly, any part of such proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.
- It is unlawful for any person, through a pattern of racketeering activity or through the collection of an unlawful debt, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.
- It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt.
- It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsection (1), subsection (2), or subsection (3).
“Enterprise” means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental, as well as other, entities. A criminal gang, as defined in Florida Statute s. 874.03, constitutes an enterprise.
“Racketeering activity” means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit…The Statute then lists over 50 “predicate” crimes that may be prosecuted as a RICO violation.
Investigations
RICO prosecutions are often prosecuted by the Office of the Statewide Prosecutor and involve investigations that last months or years. RICO prosecutions also often involve many co- defendants, sometimes charging 25 or more people in a single charging document. As with fraudulent / financial crimes, it is necessary for an attorney to carefully inspect all documents, data, and digital evidence to ensure that an individual is not being wrongfully charged, or overcharged, by the government. An experienced attorney can assist in determining whether the evidence is sufficient to show that a criminal enterprise exists, a pattern of racketeering exists, and most importantly, whether the government can prove that an individual engaged in an action in furtherance of the predicate offense(s).
Co-Defendants
A common tactic by prosecutors in RICO cases involves charging several people in a single charging document and then seeking to “flip” lower-level participants to testify against the higher-level or organizing participants. Often these agreements are formally referred to as “Substantial Assistance Agreements.” While this concept may seem straightforward, it is crucial to have an experienced attorney assist in reviewing the agreement, making sure your rights are protected and your exposure is properly limited.
Board Certified Criminal Trial Attorney Benjamin Wurtzel has handled multiple cases involving RICO and conspiracy charges. Mr. Wurtzel understands how law enforcement agencies and prosecutors organize and prosecute these cases, and can advise on the best course of action to defend against these charges. Mr. Wurtzel provides a specific, individual-based approach and realizes that the same defense employed by an organizer or main participant may not be the ideal defense for a lower-level participant. As with any case, each defense is specifically tailored to an individual’s interest given the nature and facts of the case. If you or someone you know has been charged with, or under investigation for, a RICO or conspiracy crime, contact Wurtzel Law, PLLC today for a free, no-obligation consultation.
