RICO Crimes
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Any crime committed under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act or a similar Arizona law is a serious offense that should never be taken lightly. If you happen to find yourself in this situation, you need an experienced Phoenix RICO lawyer on your side as soon as possible. At Belén Law Firm, our experienced team is ready to provide you with the professional criminal defense you need to tackle these serious accusations head-on.
RICO crimes encompass a broad range of illegal activities conducted as part of an ongoing criminal enterprise. These charges can involve complex patterns of criminal behavior, from fraud and money laundering to drug trafficking, extortion, and beyond. If you or someone you love has been accused of a RICO-related crime, call (602) 715-0908 o comunicarse en línea para programar una consulta gratuita con un top-rated criminal lawyer in Phoenix, AZ regarding your charges.
What Does RICO Stand For?
In the context of criminal law, “RICO” stands for the Ley de organizaciones corruptas e influenciadas por mafiosos. As such, “RICO crimes” are crimes that violate this Act.
Understanding the Racketeer Influenced and Corrupt Organizations Act
los RICO Act, which was enacted in 1970, is designed to combat organized crime by allowing authorities to pursue criminal charges and civil penalties against individuals or groups involved in ongoing criminal activities (such as fraud, bribery, or extortion) as part of a criminal enterprise.
Under RICO, prosecutors can target the leaders of a criminal organization that have coordinated or benefited from their organization’s illegal activities, even if the leaders themselves have not directly committed any crimes.
RICO Crime Meaning
In other words, a RICO crime refers to any criminal activity conducted as part of an ongoing illegal enterprise or organization. Under the RICO Act, individuals can be charged if they engage in a pattern of racketeering activity.
RICO crimes also include the managing and directing of a criminal enterprise, broadening the scope to include anyone who has participated in–or simply profited from–the illegal operation. This typically includes overseeing, directing, or facilitating various aspects of the illegal operation, rather than engaging in any actual acts of organized crime.
What is Racketeering?
Crimen organizado refers to participating in illegal activities with the intention of making money through an organized and structured effort. These crimes are often carried out by individuals working together as part of a larger criminal enterprise or organization.
Racketeering schemes are carefully planned and executed to exploit systems, often involving multiple layers of criminal behavior that can be difficult to detect. This organized approach allows those involved to maintain control and maximize illegal earnings.
A.R.S. §13-2301
More specifically, under A.R.S. §13-2301, racketeering is defined as any act committed for financial gain that is chargeable or indictable under various state and federal laws. This includes crimes such as drug trafficking, fraude, theft, money laundering, bribery, kidnapping, human smuggling, and certain violent crimes.
What is Illegal Control of an Enterprise?
los illegal control of an enterprise often goes hand-in-hand with racketeering. This occurs when individuals or groups use unlawful means to gain or maintain power over a business or organization. The aim is often to use the business as a front for criminal activities, to generate illicit profits, or to exert undue influence over the market or industry in which the enterprise operates.
A.R.S. § 13-2312
ley de arizona (A.R.S. § 13-2312) defines the illegal control of an enterprise as acquiring or maintaining control of any enterprise, real property, or personal property through illegal means, such as committing racketeering offenses. This statute specifically targets individuals or groups that employ white collar crimes like bribery, extortion, or coercion to influence or control legitimate businesses or organizations.
Common RICO Crimes
RICO crimes encompass a range of illegal activities that are connected through a pattern of racketeering, where individuals or organizations engage in ongoing criminal enterprises. Some of these crimes include:
- Soborno – offering, giving, receiving, or soliciting something of value as a means of influencing the actions of an official or other person in a position of power
- Extorsión – obtaining money, property, or services from a person, entity, or institution through coercion or threats
- Lavado de dinero – the process of concealing the origins of illegally obtained money, typically by means of transfers involving foreign banks or legitimate businesses
- Mail Fraud and Wire Fraud – using mail services or electronic communication (such as phone or internet) to commit fraudulent acts, including schemes to deceive others for financial gain
- El tráfico de drogas – the illegal production, distribution, or sale of controlled substances, including narcotics, stimulants, hallucinogens, and other illegal drugs
- Asesinato for Hire – arranging or paying for someone to commit murder, typically for financial or personal gain
- Secuestro – unlawfully seizing and carrying away a person, usually to demand ransom or exert pressure for some illegal purpose
- Gambling Offenses – operating illegal gambling activities, such as bookmaking or unauthorized casinos, often to generate funds for organized crime
State vs. Federal RICO Charges
The main difference between state and federal RICO charges lies in the jurisdiction and scope of the alleged criminal activities. The federal government can prosecute RICO crimes where criminal enterprises operate across state lines or have a significant impact on interstate commerce. For example, if a criminal enterprise traffics drugs across state lines, that crime would be prosecuted under federal law rather than state law.
State RICO charges, on the other hand, fall under Arizona law and focus on organized crime activities that occur within the state of Arizona. Both can lead to severe penalties, but federal cases typically involve larger-scale operations or more complex criminal networks.
If you have been accused of a federal RICO offense, it’s important to find a Phoenix federal criminal defense attorney who can help defend you and your freedom in the face of these serious charges.
What are the Penalties for Arizona RICO Convictions?
En Arizona, el punishments for white-collar crimes like RICO crimes and racketeering can be severe, depending on the nature of the specific offense. For example, illegal control of an enterprise can result in:- UN Delito grave de clase 3, which is punishable by between 2 years and 8.75 years in prison
- UN delito grave de clase 2 (if the person knowingly involves a minor in the crime), which is punishable by between 4 years and 12.5 years in prison, and they are not eligible for parole, probation, suspension of sentence, or early release
Additional Consequences for RICO-Related Criminal Charges
In addition to the imprisonment and fines associated with RICO crimes, a RICO-related criminal conviction can lead to several other penalties, including civil penalties under A.R.S. § 13-2314.04. This statute allows victims of RICO crimes to seek civil remedies from those convicted of crimes like racketeering or illegal control of an enterprise. In addition to the threat of a civil lawsuit, when a person is convicted of a RICO crime, they may also be required to forfeit any of the financial gains associated with their racketeering activities. A criminal conviction will also result in a permanent criminal record, which can significantly impact future employment and personal opportunities.Can You Beat a RICO Charge?
RICO charges can be difficult to beat due to the broad scope and severity of the law. However, it is possible to beat these charges with a strong defense strategy and an experienced lawyer who can help defend you and your rights. Criminal defense attorneys can fight these charges by disproving the elements of the specific charge their client is facing, challenging the evidence presented by the prosecution, and presenting contradictory evidence proving that their client was not involved in any racketeering.The Importance of Hiring an Experienced RICO Defense Attorney
Hiring an experienced RICO defense attorney is crucial for anyone facing such charges, as RICO cases are often extremely complex and involve serious penalties, especially if you have any prior convictions related to financial or organized crime. An attorney with experience in white-collar crimes and RICO defense will have a deep understanding of the law surrounding these offenses, including the prosecution’s strategies and the most effective defense tactics to fight them head-on.
Your attorney can thoroughly review evidence, challenge claims made by state or federal prosecutors, and advocate on your behalf to achieve the best possible outcome. Their experience can make a significant difference in navigating the legal system and ensuring your rights are protected throughout the process.
Why Choose Belén Olmedo Guerra?
If you have been accused of racketeering activity in Arizona, you need an experienced Phoenix white-collar crimes attorney who can help defend you against this serious criminal offense. At Belén Law Firm, we are dedicated to providing top-notch legal defense for even the most complex RICO cases.
Abogada Belén Olmedo Guerra, a seasoned criminal lawyer with extensive experience in handling high-stakes racketeering charges, offers a strategic and personalized approach to each case. Her in-depth knowledge of RICO laws, combined with her commitment to protecting her client’s rights, ensures that you receive the most effective defense possible.
Rest assured that when you work with our Bufete de abogados de defensa criminal de Phoenix, you’ll benefit from a team that understands the intricacies of RICO charges and is dedicated to achieving the best possible outcome for you and your future.
Call an Aggressive Arizona Racketeering Lawyer at Belén Law Firm Today for a Free Consultation
Si usted es facing racketeering charges in Arizona, don’t leave your future to chance. At Belén Law Firm, we understand the serious nature of RICO crimes and other related white-collar crimes, which is why we’re committed to providing aggressive and effective defense strategies against these charges.
Our legal professionals are here to evaluate your case and provide you with personalized attention in order to build a strong defense that is tailored to your specific situation. We’re prepared to thoroughly investigate the circumstances surrounding your alleged offense, gather evidence, challenge the prosecution’s claims, and work towards reducing or dismissing your charges.
como líder abogada defensora in the Phoenix area, Attorney Belén Olmedo Guerra represents clients against a variety of white-collar criminal charges, including comprobar el fraude, wire fraud, malversación, falsificación, bribery, money laundering, and more. Contact Belén Law Firm today for a free consultation and discuss your case with an experienced racketeering lawyer who will fight tooth and nail to achieve the best possible result.
We’re available 24/7, so give us a call whenever you need us at (602) 715-0908 o contáctanos a través de nuestro sitio web to schedule a free consultation right away.