Racketeering / RICO

Racketeering laws have traditionally been used to prosecute crimes committed by members of the Mafia.  In recent times, however, the RICO laws have been used to prosecute a group of individuals who participate in a series of crime.  Under this umbrella typical charges include conspiracy, solicitation and racketeering (RICO).  These charges can usually be added to any type of crime including Medicare fraud, credit card fraud, drug trafficking, money laundering, and gambling.  The scope of these investigations as well as the documentary evidence available can be overwhelming.  It takes practice and great organizational skills to compile the evidence in a coherent manner in order to efficiently analyze and scrutinize it.

The Racketeer Influenced and Corrupt Organization (RICO) Act requires (1) conduct or participation in an enterprise through (2) a pattern of racketeering activity.

A conspiracy or endeavor to violate the specific Florida RICO prohibitions is a crime under the Act as well. To constitute a RICO co-conspirator, the individual must intend to further an endeavor which, if completed, would satisfy all of the elements of a substantive criminal offense, but it suffices that he or she adopt the goal of furthering or facilitating the criminal endeavor. One can be a RICO conspirator by agreeing to facilitate only some of the acts leading to the substantive offense. It is not necessary that the individual agree to undertake all of the acts necessary for the crime's completion. However, evidence that a defendant has engaged in ordinary criminal activity is insufficient to support a conviction for conspiracy to commit racketeering.

A violation of the RICO criminal prohibitions relating to racketeering activity is a felony of the first degree, punishable by up to 30 years in prison plus other penalties and fines.

Erick Cruz is accustomed to dealing with complex cases containing volumes of documentary evidence.  As an economic crimes prosecutor, Erick Cruz was responsible for organizing and presenting intricate and convoluted cases in a manner that was easily understood to juries.  Accordingly, Erick Cruz comprehends these complex cases and can identify area where the evidence is deficient. With this experience, Erick has successfully defended clients accused of racketeering (RICO).  Oftentimes, through persuasion, diligent investigation and skillful defense, he has obtained dismissal of racketeering cases, reduced charges and reduced sentences.  Also, with Erick’s advice and counsel, he can preserve your ability to seal and expunge your case.    

Call Erick to discuss your case with him and find out how to get your racketeering case dismissed or charges and sentence reduced and arrest record sealed or expunged.