Sacramento RICO Lawyer

Sacramento RICO Attorney

For someone without a legal or law enforcement background, racketeering or profiteering charges can be difficult to understand, especially since they can be prosecuted at both the state and federal levels. For those in California who are concerned about facing RICO charges, a Sacramento RICO lawyer can be an invaluable resource for explaining the law and how RICO and other related crimes are prosecuted by the state and federal governments.

The legal team at Tully & Weiss has a proven track record of success in the courtroom, adeptly handling various types of cases, including RICO cases. Our attorneys are recognized authorities in the legal field. We draw upon our extensive knowledge and years of practice to build strong defenses against RICO allegations.

Understanding RICO Charges

RICO, short for “Racketeer Influenced and Corrupt Organizations,” is a federal statute enacted as part of the Organized Crime Control Act of 1970. The statute grants authority to the federal government to prosecute criminal organizations that engage in illegal activities while operating under the guise of legitimate business, particularly when their actions affect interstate or foreign commerce.

In most cases, organized crimes that occur primarily within California may not be prosecuted under the RICO statute unless they involve significant organized crime activity, there is any special interest by the federal government in the case, or the case involves a significant political government figure.

In California, illegal activities performed by criminal organizations are prosecuted under the criminal profiteering statute, California’s Penal Code 186, based on the California Control of Profits of Organized Crime Act.

Prosecutable Offenses Under RICO and Criminal Profiteering

For racketeering or profiteering charges to be brought up through the RICO or California criminal profiteering statutes, a criminal organization must be shown to have engaged in at least “two acts of racketeering activity” that are related, as part of an enterprise or a “pattern of criminal profiteering activity” based on at least two related incidents, respectively.

Racketeering and criminal profiteering activities can include:

• Drug trafficking
• Money laundering
• Embezzlement
• Counterfeiting
• Felony Theft
• Kidnapping for Ransom
• Fraud
• Human Trafficking

Though crimes under both the RICO statute and California’s criminal profiteering law overlap, the RICO statute encompasses a wider scope of criminal activity – for example, political corruption or murder. Also, federal prosecutors must demonstrate that an enterprise was responsible for carrying out the crime, while under California law, it may be sufficient to prove there was financial gain.

Consequences of a Racketeering Conviction

The consequences of a racketeering conviction are grave, especially if you are facing prosecution by the federal government.

Under the RICO statute, a person convicted of racketeering may face substantial fines and either up to 20 years in prison or, if the criminal activities included predicate acts that led to more serious crimes, life in prison. The federal government may also take possession of profits from criminal activity.

In California, a conviction under the state’s criminal profiteering laws may result in forfeiture of assets gained through criminal activity or organized crimes. The length of confinement and additional penalties are dictated by the specific statutes for the particular criminal act.

A Seasoned Sacramento RICO Lawyer Makes the Difference

The gravity of a RICO accusation demands the assistance of a seasoned Sacramento criminal defense attorney who has extensive experience representing clients facing RICO or criminal profiteering charges.

A seasoned Sacramento RICO lawyer not only helps you with the critical aspects of a case, such as understanding your charges and defending you in court. They are also able to go toe-to-toe against federal prosecutors, who have access to larger resources, which may encompass numerous agencies, including the Federal Bureau of Investigation (FBI).

You need someone who is ready to fight back against prosecutors at the state and federal level and can advocate for you, so your financial assets are not seized.

FAQs

You Deserve Quality Representation From a Sacramento RICO Lawyer

At Tully & Weiss, we are equipped to assist clients in California with accusations of RICO and criminal profiteering. We provide aggressive legal representation in state and federal court. Whether you have been falsely accused of profiting from criminal activities or believe that the alleged crime does not rise to the level of enterprise activity, we can work tirelessly to help you minimize the consequences of these criminal charges.

Schedule a free consultation today to learn more about how we can help in your RICO or criminal profiteering case.