Federal Offenses: Criminal Enterprises

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30th Nov 2023

Although criminal enterprises and organized crime are practically synonymous, there are certain statutes that relate specifically to criminal enterprises. According to the Federal Bureau of Investigation (FBI), a criminal enterprise is defined “as a group of individuals with an identified hierarchy, or comparable structure, engaged in significant criminal activity.”

This criminal activity may include various offenses, such as the following:

• Bank fraud
• Counterfeiting
• Drug trafficking
• Human trafficking
• Embezzlement
• Smuggling
• Money laundering

Two such statutes include the Continuing Criminal Enterprise statute and the Racketeer Influenced and Corrupt Organizations (RICO) statute:

• RICO: Under the RICO Act, an enterprise is defined as “any individual, corporation, partnership, association or other legal entity, and any group or union of individuals associated in fact though not a legal entity.”

• Continuing Criminal Enterprise: A criminal enterprise, as defined by the Continuing Criminal Enterprise statute, is any group of at least six persons, where one of the six holds the position of a leader, organizer, manager, or any other supervisory position with respect to the other five, and which generates significant resources or income, and continues to violate laws set forth in subchapters I and II, Chapter 13, Title 21 of the U.S. Code.

If you have been involved in a criminal activity in Miami, then you may want to call an experienced criminal defense attorney for legal advice.