At our New Jersey law firm, we understand the gravity of your situation. Our experienced criminal defense team has the knowledge and dedication to guide you through this challenging time.
We are committed to providing robust defense strategies tailored to your unique circumstances, ensuring your rights are protected every step of the way. Contact the experienced racketeering defense attorneys at Dughi, Hewit, & Domalewski for comprehensive guidance and representation.
What is Racketeering?
The term “racketeering” describes the systematic use of a variety of illegal activities to earn a profit on an ongoing basis, including:
- Extortion
- Intimidation
- Bribery
- Fraud
- Blackmail
- Kidnapping
- Money laundering
- Illegal gambling
- Trafficking contraband (e.g., illegal drugs)
Rather than involving just one crime, racketeering specifically refers to patterns of organized schemes involving multiple coordinated crimes (also known as “rackets”). This form of criminal activity is often—although not exclusively—executed by organized groups or businesses and may be classified as a form of white-collar crime.
The Racketeer Influenced and Corrupt Organizations (RICO) Act
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a U.S. federal law that was enacted in 1970 to combat the influence of criminal enterprises. Many states have since adopted their own RICO laws, such as New Jersey’s racketeering law.
Because it targets patterns of racketeering activity rather than any one criminal offense, RICO is a powerful tool for prosecutors seeking to dismantle alleged criminal organizations—it allows law enforcement agencies to charge individuals for their participation in ongoing organized crime. Because many of the rules of evidence do not apply to RICO prosecutions and thus favor the government and vast allegations of criminal activity without any other evidence, the RICO law has been derivatively referred to as “the prosecutor’s best friend.”
RICO’s reach extends beyond traditional organized crime groups to cover a wide range of enterprises, allowing the government to bring racketeering charges against various complex networks and businesses, from traditional criminal activity to white-collar groups that operate primarily via the internet.
Types of Racketeering Crimes
Racketeering charges can be brought at both the federal and state level. In New Jersey, the following crimes may be charged as racketeering if a person or entity engages in a pattern of unlawful activity such as (but not limited to):
- Violent crimes like murder or kidnapping
- Theft-related crimes
- Distribution or trafficking of controlled substances
- Facilitating or promoting gambling, prostitution, or criminal usury
- Fraud
At the federal level, there are a total of 35 different crimes that can be prosecuted under RICO, including murder, embezzlement, extortion, robbery, arson, money laundering, hazardous waste dumping, and more.
Many of these racketeering-related crimes overlap, and allegations against groups are that they typically engage in multiple types of crimes to maximize their profits and influence—this is why the list of crimes that can be prosecuted under RICO is so long.
Consequences of Racketeering Charges
The consequences of racketeering can be long-lasting and impact your financial, professional, and personal lives at all levels.
If you are found guilty of racketeering, you could face significant prison time (sentenced to as many as 20 years in prison for each count of racketeering) and fines. You may also be forced to forfeit any money and other property you obtained through illegal activities and shut down your business.
In addition, federal law permits victims of racketeering to pursue treble (i.e., triple) damages in civil court. This means that those harmed by organized criminal activity can receive as much as three times the amount of their original damages in a civil lawsuit.
Prosecution of Racketeering Cases
As noted, racketeering charges can occur at the state and federal levels. In both situations, prosecution involves a multi-step process.
First, law enforcement agencies launch an investigation to gather evidence of a “pattern of racketeering activity.”
If there is an indictment, the case may proceed to trial, where the prosecution must prove “beyond a reasonable doubt” that the defendant participated in the racketeering activities.
Prosecutors must demonstrate proof of these key criteria to convict someone of federal racketeering:
- There was a criminal enterprise
- This criminal enterprise had an impact on interstate commerce
- The defendant was involved with the enterprise in question
- The defendant also displayed a “pattern of racketeering activity”
Note that you may be convicted even if you did not personally conduct certain criminal activity involved in the charges – even if you were not aware of what someone else was doing! This is why an experienced legal defense is of the utmost importance.
Defending Yourself Against Racketeering Charges
Racketeering charges are serious and complex, and these charges necessitate a capable and experienced defense team to achieve the best possible outcome.
Your attorney may be able to mount a defense based on:
- No pattern of racketeering activity
- No agreement to join the enterprise
- No interstate jurisdiction
- Mistaken identity
- Unlawful search and seizure
- Withdrawal from the conspiracy
Consult with an Attorney
As you defend against civil or criminal racketeering charges and do everything you can to mitigate their potential repercussions, Dughi, Hewit, & Domalewski’s New Jersey-based team of criminal defense attorneys is ready to provide legal assistance and advice.
Be sure to reach out to us as soon as possible—the sooner you schedule a consultation with our team, the sooner we can begin formulating a plan to vigorously and strategically defend you from racketeering charges.
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