Penalties for RICO

Under RICO, someone who has committed at least 2 acts of racketeering activity (drawn from a list of 27 federal crimes and 8 state crimes) within a 10-period can be charged with racketeering. Those who are accused and found guilty could face some of the following sentences:

• A fine of up to $25,000
• Up to 20 years in prison
• Forfeiture of all business interests and gains from the criminal activity
• In addition, you could be retried in civil court. Plaintiffs can legally sue you for triple damages involved in your crime.

Establishing Evidence

Investigators who wish to prosecute a RICO case must establish proof of the existence of a criminal organization first. U.S. attorneys general who pursue these charges can opt to seek an injunction or restraining order before trial that can prevent the assets in question from being transferred and requires you to put up a performance bond. The bond usually serves to push you to plead guilty to the charges before an indictment.

Prosecution for Retaliation

In addition to prosecuting the crime, RICO laws also protect whistleblowers, victims, and witnesses of crimes when they cooperate with investigators. Also, an anti-strategic lawsuit against public participation laws (SLAPP) can be applied to the case to stop corporations or individuals accused of the crimes from abusing the legal system by filing retaliatory lawsuits against the people participating in the ongoing investigation.

If you have been accused of committing a crime in Miami, then you may want to call an experienced criminal defense attorney for legal advice.