Las Vegas Federal Racketeering (RICO) Defense Attorney
The Racketeer Influenced and Corrupt Organizations Act (RICO), passed in 1970, is a powerful tool used by federal prosecutors to combat organized crime and large criminal enterprises. Prosecuted under 18 U.S.C. § 1961, RICO charges are often associated with organized crime groups like the Mafia, gangs, and cartels, but they can also be applied to corporations or individuals involved in continuous illegal activities. What makes RICO particularly potent is that it allows the government to charge multiple individuals as part of a single "criminal enterprise," even if each defendant only participated in a small part of the larger scheme.
At Hofland & Tomsheck, attorney Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with extensive experience defending clients against RICO charges. Given the complexity of RICO cases, having an attorney with in-depth knowledge of federal law and experience in high-stakes litigation is essential. If you are facing RICO charges or are under investigation, Josh Tomsheck and his team can help build a strong defense to protect your rights.
What Is Racketeering (RICO)?
Racketeering, as defined under 18 U.S.C. § 1961, includes a wide range of criminal activities carried out as part of an organized group or "enterprise." Under RICO, individuals can be charged with racketeering if they participate in an enterprise that engages in a pattern of racketeering activity. A pattern of racketeering activity requires at least two predicate criminal acts (such as fraud, bribery, extortion, or money laundering) within a 10-year period.
The core elements of a RICO charge include:
Existence of an Enterprise: There must be an enterprise or organization engaged in a pattern of illegal activities. This can include formal organizations like corporations or informal groups like criminal gangs.
Pattern of Racketeering Activity: Prosecutors must prove that the defendant engaged in at least two predicate acts of racketeering activity. Predicate acts can include crimes like drug trafficking, murder, extortion, bribery, money laundering, mail and wire fraud, and more.
Participation in the Enterprise: The defendant must have knowingly participated in the enterprise's illegal activities, even if they did not personally commit all of the predicate acts.
RICO charges are often used in cases involving large-scale financial fraud schemes, drug trafficking operations, and public corruption. The broad scope of RICO allows federal prosecutors to target individuals at all levels of the enterprise, from low-level participants to top leadership.
Case Law and Legal Precedents for RICO
RICO has been shaped by several key legal precedents that have defined how the law is applied in federal cases. In Sedima, S.P.R.L. v. Imrex Co., 473 U.S. 479 (1985), the Supreme Court ruled that civil RICO cases do not require proof of a prior criminal conviction. This decision broadened the scope of RICO, allowing civil lawsuits to be filed against individuals and organizations engaged in ongoing criminal activity.
In United States v. Turkette, 452 U.S. 576 (1981), the Supreme Court addressed the definition of an "enterprise," ruling that both legitimate businesses and purely criminal organizations could be prosecuted under RICO. This ruling confirmed that RICO applies to any group engaged in continuous criminal activities, whether or not the enterprise has a legitimate purpose.
Another important case is H.J. Inc. v. Northwestern Bell Telephone Co., 492 U.S. 229 (1989), where the Court clarified the "pattern of racketeering" requirement, holding that two or more related criminal acts occurring over a substantial period of time constitute a pattern. This decision has since been used to prosecute individuals and organizations involved in long-running criminal activities.
Penalties for Racketeering (RICO)
RICO convictions carry some of the harshest penalties available under federal law. This is because RICO targets organized crime and large criminal enterprises, which often result in widespread harm to society. The penalties for racketeering under 18 U.S.C. § 1961 include:
Fines: Individuals convicted of RICO offenses can face substantial fines, often ranging from hundreds of thousands to millions of dollars, depending on the scope of the enterprise and the financial impact of the criminal activities.
Imprisonment: The statutory maximum penalty for RICO violations is up to 20 years in federal prison per offense. However, if the predicate acts involved more serious crimes, such as drug trafficking or murder, defendants may face life in prison.
Forfeiture: One of the unique aspects of RICO is its forfeiture provisions, which allow the government to seize assets and property derived from or used in the commission of racketeering activity. This can include homes, businesses, vehicles, and financial accounts.
Sentencing in RICO cases is determined using the U.S. Sentencing Guidelines, which consider factors such as the number of predicate acts, the defendant's role in the enterprise, and the harm caused by the criminal activities. Federal judges have discretion in applying the guidelines but generally follow the advisory sentencing range provided in the U.S. Sentencing Guidelines Manual.
Federal Investigations and RICO Charges
RICO cases are typically investigated by multiple federal agencies, including the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Because RICO targets complex criminal enterprises, investigations often involve wiretaps, surveillance, informants, and subpoenas for financial records. These investigations can take months or even years before charges are filed.
Federal prosecutors use RICO to go after entire organizations, meaning you can be charged even if your involvement was minimal. For example, if you are accused of facilitating transactions, laundering money, or participating in planning meetings, you could still be charged with racketeering under RICO.
If you believe you are under investigation or have been charged with RICO violations, it is essential to contact an experienced attorney immediately. Early intervention can help protect your rights and prevent the government from using coercive tactics to gather evidence against you.
Defenses Against RICO Charges
Given the broad scope of RICO, defending against racketeering charges requires a detailed and strategic approach. At Hofland & Tomsheck, we carefully examine every aspect of the case to identify potential weaknesses in the prosecution's arguments. Common defenses against RICO charges include:
Lack of an Enterprise: One of the key elements of a RICO charge is the existence of an enterprise. If the prosecution cannot prove that an organized group existed or that it engaged in continuous criminal activity, the RICO charges may not hold.
No Pattern of Racketeering: The government must prove that the defendant engaged in a pattern of racketeering activity, meaning at least two predicate acts occurred. If the evidence does not support this claim, the charges could be dismissed or reduced.
Withdrawal from the Enterprise: In some cases, individuals may have initially participated in an enterprise but later decided to withdraw from the organization and its criminal activities. If we can demonstrate that the defendant took affirmative steps to distance themselves from the enterprise, this can be a valid defense.
Entrapment: If law enforcement officers induced the defendant to commit a crime they would not have otherwise committed, we may be able to argue entrapment as a defense.
Sentencing Guidelines for Racketeering (RICO)
Federal sentencing for racketeering is governed by the U.S. Sentencing Guidelines, which provide an advisory sentencing range based on several factors:
Number of predicate acts: More predicate acts can result in harsher penalties.
Role in the enterprise: Defendants who play leadership roles or organize the activities of the enterprise may face more severe penalties than those with minor roles.
Nature of the predicate acts: The type of criminal activities carried out by the enterprise—such as drug trafficking, murder, or extortion—can significantly affect the sentencing range.
In addition to these factors, the U.S. Sentencing Guidelines consider aggravating circumstances, such as the involvement of violence, the use of sophisticated means to conceal the criminal activity, or the exploitation of vulnerable individuals. Federal judges generally follow the guidelines, but they retain discretion in applying them based on the specifics of the case.
Why Choose Josh Tomsheck for Your RICO Defense
RICO cases are among the most complex and high-stakes criminal prosecutions, making it critical to have an experienced federal defense attorney by your side. Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with a deep understanding of RICO law and extensive experience defending clients against federal racketeering charges.
As a former prosecutor, Josh has insider knowledge of how federal authorities build their cases, allowing him to craft effective defense strategies that challenge the government's narrative, discredit key witnesses, and weaken the prosecution's case.
At Hofland & Tomsheck, we provide personalized legal representation designed to achieve the best possible outcome for every client. Whether you are facing a lengthy federal investigation or have already been indicted, we are here to help.
Schedule Your Free, Confidential Consultation Today
If you are facing RICO charges or are under federal investigation, don't wait to seek legal advice. Contact Hofland & Tomsheck today to schedule a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person meetings, phone consultations, and Zoom sessions
