![]() For incidents in which you were engaged, at least two had similar or the same types of accomplices, victims, intents, results, methods of commission, or were interconnected by distinguishing characteristics that weren’t isolated incidents.Ī prosecutor doesn’t need to show that the RICO enterprise or that the predicate acts included a financial motivation.You directly or indirectly participated in the enterprise by being involved in a minimum of two racketeering activity events, and.You were associated with an enterprise. ![]() You can be charged under the Florida RICO Act with a felony violation, which is punished with a maximum of 30 years in state prison, if the prosecutor can show the following beyond a reasonable doubt: What Must Be Proven under RICO to Obtain a Conviction? It further prohibits being involved with or employed by an organization involved in a pattern of racketeering or collection of an unlawful debt. It also prohibits obtaining or acquiring real estate or property interests by collecting illegal debts. The Florida law prohibits using any money earned from racketeering to acquire or obtain an interest in property or real estate if there’s evidence of criminal intent behind getting these proceeds. Additionally, one of the incidents needs to happen after 1997, the effective date for the RICO law. ![]() These can’t be isolated incidents, and they need to share distinctive characteristics that are interrelated. What does it mean to have a “pattern” of racketeering under state law? A pattern of racketeering involves at least two instances that are defined as racketeering. “Racketeering” under the Florida RICO Act is defined as perpetrating, conspiring, or trying to conspire or intimidate, solicit, or coerce someone else to perpetrate a crime that would be chargeable by information, indictment, or petition. It's illegal for anybody who’s received any income indirectly or directly from a pattern of racketeering conduct or through collection of an illegal debt in which that person served as a principal to use or invest any part of the income to acquire an interest in an enterprise engaged in interstate or foreign commerce.Ī RICO Act violation will allege participating in an enterprise through a pattern of racketeering. It can also include other enumerated acts. It can consist of acts or threats involving kidnapping, murder, gambling, arson, bribery, extortion, robbery, or dealing in a controlled substance or listed chemical that can be charged under Florida law and result in more than a year of incarceration. Under this law, racketeering can take many different forms. Under the federal RICO law, someone who commits two criminal activities related to racketeering and involving interstate commerce within a 10-year period can be prosecuted. The original purpose of passing it was to pursue those engaged in organized crime. The federal RICO law became effective as Title IX of the Organized Crime Control Act of 1970. Schedule your free consultation today by calling 30 if you case is out of Miami, 95 if you case is out of Broward County, or contacting us online. If you are being prosecuted under state or federal anti-racketeering laws, an experienced Miami RICO Act defense attorney can help you understand your legal options. It is similar to the federal RICO Act, but there are critical differences. Florida’s RICO (Racketeer Influenced and Corrupt Organization) Act prohibits racketeering patterns. Both federal and state laws criminalize racketeering in order to fight organized crime. ![]() Racketeering can take many different forms. Miami Rico Act Defense Lawyer Miami Racketeering Attorney, Serving Fort Lauderdale & the Nearby Areas ![]() First Appearance or Magistrate Hearings.Prohibited Use of a Firearm Against Law Enforcement Officer.Sale or Delivery of a Controlled Substance.Dependency and Termination of Parental Rights. ![]()
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