Racketeering Lawyer in Albuquerque, NM

Getting an aggressive Albuquerque racketeering lawyer to advocate for your freedom has never been more critical.

Contact Harrison & Hart, LLC for a confidential review of your case. When you do, you can learn more about how to clear your name of the charges against you.

What is Racketeering?

Racketeering refers to various criminal acts that occur within an organized criminal enterprise. The “racket” refers to a scheme to obtain illegal funds. The Racketeer Influenced and Corrupt Organizations Act (RICO) outlines illegal activities generating unlawful funds.

Some of the more common types of racketeering and related offenses listed under the RICO Act include:

• Bribery
• Murder for hire
• Extortion
• Kidnapping
• Arson
• Gambling
• Fraud
• Obstruction of justice
• Money laundering
• Drug crimes

These are just a few criminal activities covered under the RICO Act.

RICO Act

The RICO Act describes different types of criminal activities that organized criminal enterprises use to generate illegally obtained funds. To be found guilty of an offense under the RICO Act, the federal prosecutors must prove your guilt beyond a reasonable doubt. To do this, they must show that the following elements have been met:

• An organized criminal enterprise exists
• The organized criminal enterprise interfered with state or foreign commerce
• The defendant was employed by or associated with an organized criminal enterprise
• The defendant was involved in racketeering

The RICO Act was implemented to allow prosecutors to try multiple individuals involved with organized criminal enterprises instead of individuals. It also allows prosecutors to seize the organized criminal enterprises assets, preventing them from transferring funds through their shell companies.

Penalties for Racketeering

If you are charged with racketeering, you could face both criminal and civil penalties. You must know that each count of racketeering carries a maximum prison term of 20 years. However, if there was a predicate crime, you could also face life imprisonment if that crime is punishable by life in prison.

You may pay fines as high as double the amount of illegally obtained funds in your case. The RICO Act allows for your illegally obtained funds to be forfeited to the U.S. government

Individuals who have suffered financial losses due to racketeering could pursue civil action against those charged with racketeering. If found liable, you may have to cover the victim’s attorney’s fees, the order to pay triple the amount of damages, and the order to cease engagement in specific business activities.

What Does a Racketeering Investigation Look Like?

Racketeering investigations are designed to uncover specific types of information, such as:

• The identities of the members involved in an organized criminal enterprise
• The geographic locations of an organized criminal enterprise
• The organized criminal enterprise’s finances
• The past activities of the organized criminal enterprise
• The organized criminal enterprise’s goals

Racketeering enterprise investigations are authorized by the FBI, which will be required to notify the Organized Crime and Racketeering Section of the Criminal Division. The Organized Crime and Racketeering Section well then notify the appropriate Attorney General and Deputy Attorney General.

Racketeering investigations are often authorized for a maximum of one year, where a renewed authorization will be required annually. Investigations can be terminated and re-opened at the discretion of the FBI. It is not uncommon for officials to engage in sting operations in the hopes of uncovering illegal activity.

If you suspect that you are the subject of racketeering investigation, it is imperative that you get an experienced criminal defense lawyer on your side as soon as possible. If you are arrested, invoke your right to remain silent and contact your racketeering attorney.

Defending Against Racketeering Charges

Challenging the racketeering charges against you can be complex. However, your attorney will work to challenge the elements of the offense to obtain an acquittal. Some of the more common defenses used to challenge RICO crimes such as racketeering include:

• Arguing that no organized criminal enterprise exists
• Arguing that you were not associated with the organized criminal enterprise in question, despite potentially having family members involved in an organized criminal enterprise
• Arguing that the alleged organized criminal enterprise was not interfering with interstate commerce
• Arguing that you were not participating in racketeering or other related criminal activities as part of an organized criminal enterprise
• Arguing that you were not involved in a pattern of racketeering

In some cases, mainly if you are a first-time, non-violent offender, your attorney may be able to secure a plea agreement or pretrial diversion program by working with the prosecutor.

However, if you are not eligible for a plea agreement or pretrial diversion program, your attorney will closely evaluate the circumstances of your case to determine which defense strategy is most likely to result in a favorable outcome. Learn more about which potential defenses could be used in your case when you contact your racketeering attorney in Albuquerque for help.

Call Harrison & Hart, LLC for Help with Your Racketeering Charge

Analyzing the specific circumstances of your case is the only way to determine how to best approach your racketeering charges. The Federal Defense lawyers at Harrison & Hart, LLC are ready to help you learn more about your potential defenses.

Our Albuquerque federal defense attorneys have the experience and knowledge you need to obtain a favorable outcome. Call us (505) 295-3261 or fill out our secure contact form when you are ready to schedule your confidential consultation.