The Racketeer Influenced and Corrupt Organization (RICO) Act is a federal statute designed to hinder the propagation of organized crime. Although its initial purpose was to target and federally prosecute the leaders of criminal organizations, modern applications of the Act include a multitude of criminal offenses committed by a group or enterprise in various locations classified under the umbrella term of “racketeering.”
Racketeering is an extensive, complicated offense that carries stringent criminal and civil penalties under state and federal law. If you face potential indictment under federal or state racketeering laws, an Omaha RICO lawyer can advocate for your innocence against unsubstantiated claims. Let one of Berry Law’s seasoned criminal defense attorneys fight to defend your rights in and out of the courtroom.
Common Racketeering Crimes
Racketeering is the commission of criminal activity by an organization or group for financial profit, typically under the guise of a legitimate business or lawful corporate transaction. The RICO Act broadly defines racketeering activity to include criminal offenses such as:
- Gambling
- Fraud
- Embezzlement
- Drug trafficking
- Murder
- Prostitution
- Money laundering
- Extortion
In addition to facing charges for individual crimes, conspiracy to commit racketeering is also a violation of the RICO Act. While there may be consequences for any organization that commits one of the aforementioned criminal offenses, the criminal activity must be repetitive and ongoing to be considered racketeering.
RICO-Related Laws and Penalties in Omaha
Under RICO, codified by §§1961-1968 of Title 18 of the United States Code, an organization or members thereof engaging in racketeering activity, or any person that is affiliated with or benefiting from an enterprise’s racketeering activity, is vulnerable to a federal criminal charges. The potential penalties for a RICO-related criminal conviction include fines, incarceration (with the possibility of a life sentence, depending on the severity), and the forfeiture of assets, including funds obtained through or from racketeering activity, as established under 18 U.S.C. §1963.
Additionally, some states have also adopted a RICO law. In Nebraska, the Public Protection Act provides similar criminal penalties as the federal RICO law for engaging in racketeering, including life imprisonment for a felony offense under Neb. Rev. Stat. §28-1356(1). Civil penalties for RICO violations in Omaha may include fines 3 times the amount of any monetary gain from racketeering activity. A knowledgeable and diligent lawyer in our area can work to mitigate or relieve any penalties that may be issued for a RICO violation.
Get in Touch with an Omaha RICO Attorney Today
The complexity and vastness of RICO’s provisions could make it difficult to understand without the assistance of an attorney. With the wide range of crimes and harsh penalties associated with racketeering laws, it is important to work with an experienced defense attorney if you are facing RICO charges.
An experienced Omaha RICO lawyer at Berry Law can work tirelessly on your behalf to protect your rights and build a solid defense strategy. If you have a RICO-related claim, schedule a confidential consultation with one of our attorneys today.