The charging document is not required to identify the relationship between the defendants and the crimes alleged on its face. The prosecutor is not required to prove that any predicate acts or the RICO enterprise involved any underlying economic motivation. were interrelated by distinguishing characteristics that were not isolated incidents.įlorida law defines “racketeering activity” as committing, attempting to commit, conspiring to commit, soliciting to commit, coercing to commit, or intimidating another person to commit any of the criminal charges listed in Florida Statute Section 895.02(1)(a) that could be charged by information, indictment, or petition.For those incidents in which the person arrested for racketeering was engaged, at least two of them had either similar or the same types of the following:.The person arrested for racketeering either directly or indirectly participated in the enterprise by engaging in at least two incidents of “racketeering activity ” and.The person arrested for racketeering was associated with an enterprise.The crime is charged as a first-degree felony punishable by up to 30 years in Florida State Prison. We aggressively fight white collar crime accusations and cases involving organized crime under state and federal law.ĭuring the free initial consultation, we can discuss the charges pending against you, the potential penalties, and the best defenses that can be used to fight the charges.Ĭontact us today to set up a free consultation to discuss the case.Ī violation of Florida’s RICO Act alleges participating in an enterprise through a pattern of racketeering. Petersburg and Clearwater in Pinellas County, FL. We represent clients charged with racketeering and conspiracy to racketeering in the greater Tampa Bay area, including Hillsborough County, Bartow in Polk County, New Port Richey and Dade City in Pasco County, and St. Attorney for RICO / Racketeering in Tampa, FLĬontact the criminal defense attorneys at Sammis Law Firm to discuss any investigation involving a Florida’s RICO Act violation, including gang, drug trafficking, fraud, and other allegations involving organized crimes. The subpoenaed person or entity may not disclose its existence to anyone other than their counsel. The new legislation for the RICO Act also states that a civil investigative subpoena is confidential for 120 days after its issuance. The new legislation allowed for an investigative agency on behalf of the state to institute a civil forfeiture proceeding for real or personal tangible and intangible property. RICO prosecutions often involve complicated and voluminous wiretap evidence, business records, or other financial documents.Įffective July 1, 2016, Chapter 2016-24, amended the civil portions of the RICO statutes under Chapter 895. To charge a RICO criminal violation, the prosecutor must first prove that an enterprise exists and then that the defendants committed individual predicate incidents in furtherance of the enterprise. The Florida legislature specifically defined a criminal gang under 874 as one type of enterprise under Florida’s RICO Act.įlorida’s RICO statute also allows prosecutors to add historic convictions to a newly charged crime. The RICO Act created under Florida law closely mirrors the RICO Act created under Federal law, although significant differences exist.įlorida Statutes 895 allows prosecutors to charge a complete enterprise all at once. The Florida RICO (“Racketeer Influenced and Corrupt Organization”) Act prohibits participating in an enterprise through a pattern of racketeering.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |