Racketeering

Sweeping charges designed to reach entire organizations – and everyone connected to them.

The federal Racketeer Influenced and Corrupt Organizations Act – RICO – allows prosecutors to charge individuals for participating in the affairs of an “enterprise” through a pattern of criminal activity. Originally aimed at organized crime, RICO is now used against street gangs, drug organizations, corrupt officials, and businesses. A single RICO indictment can name dozens of defendants and allege years of conduct, and each count can carry up to 20 years in prison – or life, in some cases – along with sweeping forfeiture.

RICO cases present unique challenges. Prosecutors can introduce evidence of acts committed by other people, sometimes years before a defendant was involved, to prove the existence of the enterprise. Discovery is often massive, involving wiretaps, cooperating witnesses, and years of surveillance. In multi-defendant cases, each defendant’s interests can diverge sharply from the others’. A strong defense requires managing an enormous volume of evidence while keeping the focus on what the government can actually prove about the client.

IredaleRoth has significant experience defending clients in racketeering and large-scale conspiracy cases. We have defended clients charged with participating in some of the largest and most complex prison-gang groups in California; the underlying acts have ranged from drug trafficking, to kidnapping, to attempted murder. We know how to investigate and attack the prosecution’s proof in multiple areas, such as the existence of a RICO enterprise, or the notion that a client was actually participating in the enterprise.

Common questions in racketeering cases include:

• What is the client’s actual connection to the alleged enterprise? Association with people accused of crimes is not itself a crime. Distinguishing the client from the broader organization is often the core of the defense.

• How can the evidence be managed and challenged? Wiretap applications, cooperator credibility, and the admissibility of other people’s acts are frequently contested – and often decisive.

• What are the forfeiture risks? RICO convictions can lead to forfeiture of any interest in the enterprise and proceeds of the activity, so asset exposure must be assessed early.