Cleveland Racketeering/RICO Defense Lawyer

Accused of Racketeering in Ohio?

If you are facing charges related to racketeering or violations of the RICO (Racketeer Influenced and Corrupt Organizations) Act, you need an experienced legal team that understands the complexities of federal and state laws. At Patituce & Associates, we have a proven track record of providing aggressive, high-quality defense for clients accused of racketeering offenses in Cleveland, OH, and surrounding areas.

Our Cleveland racketeering defense attorneys are dedicated to protecting your rights and helping you navigate the often complex and overwhelming legal processes involved with these serious charges. We offer the strategic defense you need to challenge the prosecution's case and secure the best possible outcome.

Our firm is here to fight for your defense right now. Contact us at (440) 771-1175 to get started with a free consultation.

What is RICO?

RICO stands for the Racketeer Influenced and Corrupt Organizations Act, a federal law passed in 1970 to combat organized crime. Initially designed to target mafia families and other criminal enterprises, RICO has since been applied to a wide range of criminal activities, including drug trafficking, fraud, and white-collar crimes.

The RICO Act allows law enforcement agencies to target criminal enterprises by charging individuals involved in a pattern of illegal activities. Under RICO, prosecutors can charge not only the individuals directly committing the crimes but also those involved in managing or directing the criminal enterprise. This can include business owners, managers, and associates, making the law particularly broad and applicable to various situations.

In order to secure a conviction under RICO, the prosecution must prove that the defendant was involved in a pattern of racketeering activity connected to an enterprise. This can involve two or more predicate criminal acts (such as fraud, extortion, or drug trafficking) that occurred within a ten-year period. RICO violations are treated seriously, and the consequences of a conviction can be severe.

Common Examples of Racketeering

Racketeering can take many forms, and while it is often associated with organized crime, it can extend to various illegal business activities. Here are some common examples of racketeering activities under RICO:

• Organized Crime: The traditional form of racketeering, which includes activities such as drug trafficking, money laundering, loan sharking, and human trafficking. RICO was originally intended to target large criminal organizations, including gangs and mafia groups.
• White-Collar Crime: Racketeering can also include white-collar crimes like securities fraud, mail fraud, wire fraud, and insurance fraud. Businesses and corporations can be accused of operating fraudulent schemes or conspiracies for financial gain.
• Drug Trafficking: A common example of racketeering involves the distribution of illegal drugs. If a group is involved in ongoing drug-related activities across multiple locations, they may be prosecuted under RICO.
• Extortion and Bribery: Extortion and bribery fall under racketeering when they are part of an ongoing scheme. This includes businesses or individuals who force others to pay for protection or payoffs in exchange for favors.
• Gambling: Illegal gambling rings and operations that involve organized efforts to take bets, set odds, or manipulate results can result in racketeering charges under RICO.
• Corruption: Corruption charges, particularly those involving public officials or entities, can lead to racketeering cases. This includes bribery or other illegal activities that benefit corrupt businesses or individuals.
• Fraudulent Schemes: A range of fraudulent activities, such as Ponzi schemes, insurance fraud, and identity theft, can be prosecuted as racketeering offenses if they involve a pattern of illegal conduct.

Federal Racketeering Penalties

At the federal level, RICO violations carry significant penalties. Convictions can result in:

• Prison Sentences: A conviction for a RICO violation can lead to up to 20 years in prison for each racketeering charge. In certain cases, life imprisonment is possible.
• Fines: Fines can be as high as $250,000 for each violation, or twice the amount of money gained through the racketeering activities, whichever is greater.
• Forfeiture of Assets: Individuals convicted of racketeering offenses under RICO may be required to forfeit property and assets gained from illegal activities.

Legal Defenses to Racketeering

There are several legal defenses that a Cleveland racketeering defense attorney may use to fight racketeering charges. While the specific defense strategy will depend on the facts of your case, some of the most common defenses include:

• Lack of Connection to a Criminal Enterprise: One of the core elements of a RICO charge is proving that the defendant is part of a criminal enterprise. If there is insufficient evidence to show that you were connected to a criminal organization or enterprise, it can result in a dismissal or acquittal.
• Insufficient Evidence of a Pattern of Racketeering: The prosecution must prove that there was a pattern of racketeering activity involving two or more predicate crimes. If the prosecution fails to establish this pattern, your attorney can argue for a dismissal.
• Lack of Intent or Knowledge: In order to be convicted under RICO, the prosecution must prove that the defendant had knowledge of the racketeering activities and participated in them intentionally. If your attorney can show that you were unaware of the illegal activities, it may lead to reduced charges or a not guilty verdict.
• Entrapment: If law enforcement coerced or encouraged you to commit crimes that you would not have otherwise engaged in, your attorney may argue entrapment as a defense.
• Alibi or False Accusations: In some cases, individuals are falsely accused of involvement in racketeering. If you have an alibi or there is reason to believe the allegations against you are false, this can be a powerful defense.
• Cooperation and Plea Bargaining: In certain situations, cooperating with the prosecution and providing information about other members of the criminal enterprise can lead to reduced charges or a more lenient sentence. Your attorney will advise you on the best course of action based on your case.

If you have any questions about our federal criminal defense representation, we are here to help!  Call (440) 771-1175 or contact us online today.