RICO Charges Lawyers

Knowledgeable And Aggressive Defense Attorneys Represent Clients Facing RICO (Racketeer Influenced And Corrupt Organizations Act) Charges Across New Jersey

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a complex statute that can potentially be wielded as a litigation tool. When faced with federal criminal RICO charges or a civil RICO claim, it is important to have an experienced RICO defense lawyer advocating on your behalf. At Team Law, our RICO Charges Lawyers will work relentlessly for clients seeking criminal defense to RICO charges brought by the government, civil defense against a private RICO claim, and/or seeking to bring a private RICO action. 

Our legal team understands the severity of potential RICO charges. The repercussions on your personal and professional life are massive. While it may be a serious matter, you are not out of options. Our legal team is here to help, and we will provide high-level legal representation in an effort to achieve the most favorable outcome. Contact Team Law for a free and confidential discussion.

The Federal Racketeering Statute (RICO)

The federal Racketeer Influenced Corrupt Organizations statute (RICO) is a federal law that allows for significant criminal penalties and a civil cause for action for acts that are performed as part of an ongoing criminal organization. The RICO Act focuses specifically on racketeering, and therefore allows the alleged leaders of a criminal organization, or syndicate, to be tried for the crimes which they ordered others to commit. Signed into law in 1970, RICO is best known for its application to mafia-related activity.

The federal RICO statute has evolved to combat a wide range of criminal activity, ranging from violent crimes to sophisticated fraud, bribery, money laundering, and extortion schemes. A companion statute, the “Violent Crimes in Aid of Racketeering” (VICAR) statute, proscribes violent crimes, including murder, kidnapping, and assaults.

RICO provides for private civil causes of action, and when properly used, provides a potent tool to obtain treble (or triple) damages and attorney fees in business litigation. Specifically, the RICO statute provides for three different substantive violations as described in 18 U.S.C. section 1962(a) (b) and (c) (RICO substantive provisions), and 18 U.S.C. 1962(d) (RICO conspiracy).

Section 1962(c) is the most used RICO provision, which forbids the RICO “person” from conducting the affairs of an enterprise affecting interstate or foreign commerce through a pattern of racketeering or through the alternate theory of collection of unlawful debt. As such, a RICO person who conducts the affairs of a legal entity or “association in fact” through multiple acts of mail and wire fraud may be found in violation of section 1962(c). And section 1962(d) makes it a crime to conspire to commit any of the three substantive offenses. 

It is vital to understand that it is not necessary for a RICO conspiracy defendant to personally conduct the affairs of an enterprise. Instead, the RICO defendant himself needs only to agree with a defendant who is an operator or manager to conduct the affairs of the enterprise through a pattern of racketeering activity for a court to find sufficient evidence for conviction or liability.

Litigation Of A Civil RICO Claim

Regarding a civil RICO claim, the RICO Charges Lawyers at Team Law can provide effective representation, including the following:

• Pleading Requirements: To successfully make a civil RICO claim, you must demonstrate that the defendant violated the criminal RICO statute and that as a result of that violation you suffered damages. Unlike with most civil litigation, a civil RICO plaintiff is often entitled to collect treble damages in addition to legal fees and costs from the defendant. If the defendant has not been charged and convicted criminally, the plaintiff is put in the position of having to prove that the defendant violated the RICO statute. Not all crimes result in RICO liability. You must be able to demonstrate that the defendant engaged in a pattern of racketeering activity. 

• Issues to Look for During Discovery: If your civil RICO claim is not filed simultaneously with or after a criminal RICO case against the defendant, you will effectively step into the shoes of a private prosecutor but without any of the investigative and law enforcement powers of a state prosecutor. This arrangement makes discovery in the civil RICO context extraordinarily complex and time-consuming. The civil RICO plaintiff generally seeks the broadest possible scope of discovery, while the civil RICO defendant attempts to limit discovery as much as possible.

• Using Expert Witnesses: Because civil RICO claims often involve allegations of wire fraud, computer and communications experts can be essential.

Contact the Experienced RICO Charges Lawyers at Team Law Today For A Free Initial Consultation To Discuss Your Legal Rights And Options

At Team Law, our RICO Charges Lawyers will protect your rights and aggressively advocate on your behalf. We will help you if you are facing a RICO charge. Our experienced legal team is trustworthy and has the expertise to present the best defense possible. We can effectively and efficiently analyze and solve complex legal problems for our clients. The attorneys at Team Law have the knowledge, the experience, and the ability to advocate effectively on your behalf and will work hard to provide exceptional legal service. Contact Team Law for a free and confidential consultation.