Manassas Criminal Defense Lawyers Outline Racketeering Crimes Under Federal or Virginal Law
If you're charged with racketeering, you’re facing serious charges that potentially have long-term consequences. You must take these charges seriously and raise all your defenses to avoid being convicted. At The Wilson Law Firm, our criminal defense attorneys are skilled investigators, able to examine all the evidence against you, devise a solid defensive strategy and, if it’s in your best interests, negotiate a favorable plea bargain.
Racketeering Crimes You Could Be Charged With Under Federal Law
Racketeering is primarily charged under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act. As a highly complex crime, the prosecutor must prove every element of the offense beyond a reasonable doubt, which is a high standard of proof to meet.
Understanding all the elements of this crime and the seriousness of the changes is critical, so working with experienced legal counsel is to your advantage—especially if the charges can be reduced with less severe punishments or dropped entirely. Here’s what you need to know about RICO charges.
Pattern of Racketeering Activities
This involves committing at least two acts of racketeering activity within 10 years. The prosecutor must prove the criminal acts are related and establish a potential for continued criminal activities.
An Enterprise
An enterprise can be any individual, partnership, corporation, association, or other legal entity involved in ongoing criminal activities for a common purpose. Under RICO, both illegal and legitimate organizations can be considered enterprises.
Your Participation in the Enterprise
The prosecution must show you acted as an employee or associate through a pattern of racketeering activity. This means you had some level of involvement or control within the organization, such as planning, organizing, or directing criminal activities.
Interstate Commerce Impact
Another crucial element of a RICO crime is that the enterprise’s activities must affect interstate or foreign commerce. It’s the prosecution’s responsibility to establish that your racketeering activities harmed individuals or businesses across state or international borders.
Racketeering Crimes Under Virginia Law
Virginia has stringent laws against racketeering outlined in Virginia Code § 18.2-514. Here are the common crimes:
- Receiving or distributing proceeds. It’s unlawful for an enterprise, someone directed by the enterprise, or an individual in a managerial position to receive or distribute proceeds known to come from racketeering activity. Using or investing $10,000 or more of such proceeds in real property or enterprises is specifically prohibited.
- Acquiring or maintaining an interest. It’s illegal for the enterprise or an individual who’s a manager or supervisor of the enterprise to acquire or maintain any interest or control over any enterprise or real property through racketeering activity.
- Conducting or participating in an enterprise. Individuals associated with or employed by an enterprise are prohibited from conducting or participating, directly or indirectly, in the enterprise through racketeering activity.
- Conspiring to engage in racketeering. Finally, a person can be charged with racketeering under Virginia law if they conspire to commit any illegal racketeering acts discussed above.
Examples of RICO and Virginia Racketeering Crimes
Racketeering encompasses a wide range of criminal activities, such as:
- Drug trafficking
- Embezzlement
- Money laundering
- Extortion
- Illegal gambling
- Bribery
- Fraud
- Human trafficking
Penalties for Racketeering Under Federal and Virginia Law
You face harsh punishments if you’re convicted of racketeering under federal or Virginia law. Here are the possible sentences a judge could impose:
- Federal law. Under the RICO Act, penalties can include up to 20 years in prison, fines of up to $250,000 or double the amount earned through racketeering activities, and forfeiture of assets acquired through the enterprise.
- Virginia law. If you’re convicted of racketeering, you could be sentenced to not less than 5 years or up to 40 years in prison and a fine of up to $1,000,000 under Virginia Code § 18.2-515. You could also have assets seized if they were involved in the racketeering activity.