Racketeering

Organized crime is heavily prosecuted in Florida. Racketeering and RICO (Racketeer Influenced and Corrupt Organizations) laws make these criminal charges much more serious than others. Since they target the enterprise, the penalties can be life-altering.

Piotrowski Law is a sophisticated defense firm equipped to handle high-level litigation in both Florida state and federal courts. We encourage you to seek legal guidance the moment you learn about these charges or the possibility of facing them.

Understanding RICO Charges: Federal vs. Florida State Law

Racketeering charges are different from many other criminal allegations because it is not about just one act. Prosecutors attempt to prove that a person participated in an “enterprise,” which was engaged in a pattern of criminal activity. Under both federal and Florida law, an enterprise can include:

• Legitimate business
• Informal group
• Alleged criminal organization

Florida law recognizes both legal and illegal enterprises under the Florida RICO Act.

Federal prosecutors focus on interstate criminal behavior. To secure a conviction, the government has to prove at least two qualifying “predicate acts” within 10 years. Common federal predicate offenses include:

• Mail fraud
• Wire fraud
• Money laundering
• Bribery
• Drug trafficking

In many situations, Florida law is broader and more aggressive than its federal counterpart. Florida defines a “pattern of racketeering activity” as at least two related incidents, with the last act occurring within five years of a prior act. Meanwhile, the federal law has a 10-year window. In most cases, a violation of Florida’s RICO statute is a first-degree felony.

Severe Penalties and the Threat of Asset Forfeiture

A racketeering conviction can lead to severe penalties. Federal RICO charges may carry up to 20 years in prison per count, while Florida RICO violations can result in up to 30 years in prison.

Prosecutors may also pursue heavy fines and treble damages, which triple the alleged financial losses. The government may also freeze or seize bank accounts, real estate, and other assets connected to the alleged enterprise. This can sometimes be done while the case is still in progress.

Why You Need an Experienced Racketeering Defense Attorney

Racketeering cases tend to be extremely complex. Many involve multiple defendants and extensive investigations. In these “mega-trials,” the actions of one defendant can affect everyone involved.

To build a strong defense, an attorney must be able to review and challenge thousands of pages of discovery materials, such as wiretap transcripts, financial records, and forensic evidence.

Piotrowski Law has decades of experience handling high-level litigation in Florida, including the Southern District of Florida and Miami-Dade County.

Strategic Defense Against RICO Allegations

Depending on the facts of the case, attorneys may argue that the alleged acts were isolated incidents rather than being a part of an ongoing criminal pattern.

The defense may also challenge claims that the defendant knowingly participated in the enterprise or shared its alleged illegal goals. In some cases, attorneys can attack the legality of search warrants or wiretaps.

A skilled racketeering lawyer can lead strategic negotiations with prosecutors to reduce charges or limit the potential penalty.

Frequently Asked Questions (FAQs)

Can I be charged with racketeering if I didn’t commit a violent crime?

Yes. Many RICO cases involve non-violent offenses such as fraud, embezzlement, bribery, money laundering, or illegal gambling.

What is a “predicate act”?

A predicate act is a previously committed offense that can be used to enhance the current charge. In case of racketeering, the common examples include drug trafficking, wire fraud, bribery, and money laundering.

Can the government really take my property before my trial?

Yes. In some cases, the government may freeze or seize assets through criminal or civil forfeiture before conviction.

How does a RICO case differ from a conspiracy charge?

A conspiracy charge involves an agreement to commit a crime. A RICO case focuses on an alleged enterprise engaged in a criminal activity pattern.

Contact a Miami RICO Defense Attorney Today

The seriousness of racketeering charges must not be underestimated. Don’t wait for the indictment. If there is a slight suspicion that you are under investigation, contact an attorney.

Criminal defense attorneys from Piotrowski Law are committed to protecting rights and assets in South Florida. Protect your future—Contact Piotrowski Law today.