Lexington RICO Charges Lawyer

Who Can Be Convicted Under RICO?

Any person who participates in the entity can face RICO charges. That includes both the leaders of the organization and members in the lower tiers. However, to get a conviction, the prosecution must prove that the person knew about the criminal activities. To convict anyone on RICO charges, the government must prove the following elements of a RICO crime:

• An enterprise was involved.
• The enterprise was involved in interstate commerce.
• The person was somehow associated with or employed by the enterprise.
• The person conducted or participated in a pattern of racketeering activity through the enterprise.

The government has to prove that at least two racketeering activities were conducted through the enterprise within a 10-year period.

What Are The Penalties For RICO Charges In Lexington?

Both state and federal RICO charges generally aim to punish individuals for committing a large number of crimes. Because of this, the penalties upon conviction can be particularly severe. Conviction carries with it up to 20 years in prison – whether in a federal or Kentucky state prison. If convicted on even a single RICO charge, you could also face forfeiture of:

• The business or organization used to facilitate the criminal activity
• Personal holdings
• Any funds accumulated from carrying on the criminal activity

District courts also have authority to issue a restraining order that prohibits you from operating the business while your RICO charges are pending. The court could also issue a lien and forfeiture order that allows the United States government to seize your assets before you’re even convicted.

Underlying Criminal Offenses

RICO charges are rarely “stand-alone” charges. If you’re facing RICO charges, the odds are strong that the law enforcement and prosecutors will also charge you with committing some type of underlying criminal offense. That means that you’ll also face the punishments that apply upon conviction for those charges – whether they include bribery, extortion or even murder. If convicted of a felony in Kentucky, you could face:

• Between 20 and 50 years in prison for a Class A felony, or life imprisonment
• Between 10 and 20 years in prison for a Class B felony
• Between five and 10 years in prison for a Class C felony
• Between one and five years in prison for a Class D felony

You will also face financial penalties of up to $10,000 – and these penalties apply on top of the federal RICO penalties. For example, if you’re sentenced to 10 years in prison for racketeering and are also charged with murder, you could face up to life in prison.

Civil Lawsuits

Victims of racketeering activities are also entitled to file a civil lawsuit for damages. Even if your criminal RICO charges are dismissed, anyone harmed by the racketeering activities can sue you for financial compensation. If successful, the victims are entitled to recover money to cover their financial losses. Victims can also recover treble damages – or, three times the amount of their actual losses. The risk of incurring civil penalties is very real even if you’re ultimately cleared of all criminal charges. The standard of proof in a civil case is much lower than the “beyond a reasonable doubt” standard in criminal cases, making it much easier for victims to prove that they deserve compensation.

What Defenses Can Be Raised If You’re Arrested On RICO Charges?

RICO charges carry harsh penalties. That doesn’t mean you should accept the charges without a fight. I have represented clients at the federal level for over 15 years in Kentucky. I’ll use those skills to make it as difficult as possible for the prosecution to convict. Defenses that could be raised to defeat your RICO charges include:

• An enterprise did not exist.
• The enterprise did not engage in interstate commerce to support federal charges.
• You did not engage in the required two predicate criminal acts during the 10-year period.
• You lacked knowledge of the criminal activities.
• You lacked intent to commit a crime.
• There were constitutional violations involved.

Your future could depend on the strength of your defense lawyer. You need an aggressive Lexington RICO charges attorney who understands the law inside and out. If you’re facing RICO charges in Lexington, call Oakley & Oakley, LLC, today to schedule a free consultation and learn more about how I’ll work to build the strongest possible defense for you.

Defenses To Preconviction Orders

To protect your business and finances, I will also contest any pretrial asset seizures while your RICO case is pending. You may be able to get the court to release the lien on your assets by arguing that the state lacked probable cause to believe the assets were involved in the business in question.

Schedule A Free Consultation With A Lexington RICO Charges Lawyer

Racketeering cases can be extremely complex. If you’ve been charged, call me at Oakley & Oakley, LLC today. I offer a free consultation so that you can learn more about my aggressive defense approach.