RICO/Racketeering

Racketeering or RICO is the Federal crime of conspiring to organize to commit crimes, especially on an on-going basis as part of an organized crime operation.  In the 1980’s, the U.S. Congress enacted the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C., Section 1961, ostensibly to curtail the criminal activities of the Mafia.  In the 40 years since RICO was enacted, the application of the law has extended far beyond the activities of loan sharks, labor extortionists, gambling syndicates, prostitution rings, and traditional organized crime activity.  RICO laws have been used against legitimate businesses, including banks, accounting firms, labor unions, law firms, securities brokerages, and social action organizations.

In order to prove a RICO violation, the prosecution must be able to show that a defendant was associated with an “enterprise” that has been engaged in a “pattern of racketeering activity”, which consists of at least two “predicate acts” during a ten-year period.  The list of “predicate acts” includes securities fraud, mail and wire fraud, but does not include commodity fraud.  In addition, Federal crimes involving drug trafficking, public corruption, money laundering, extortion, robbery (Hobbs Act), and obstruction of justice can be combined with certain State crimes, including murder, can be listed as “predicate acts” committed in furtherance of the “enterprise”.

Prosecutors can also bring the charge of RICO conspiracy to bear.  A defendant can be convicted of a RICO conspiracy if the prosecution can prove that he knowingly associated with an “enterprise”, with an awareness that others in the enterprise were participating in a “pattern of racketeering activity” even if he does not commit two or more predicate acts himself.  Federal Courts have interpreted the RICO Conspiracy Statute broadly, which has increased the danger of an innocent person being convicted merely upon “guilt by association.”

The RICO Statute has been used to authorize the Federal Government to place a trusteeship organizations which are convicted of being dominated by racketeers or organized crime.  This powerful weapon was used most notably against the Teamsters Union, and most recently against Offshore Online Gambling Websites.  Property derived from RICO violations can be subject to forfeiture.

The RICO Statute also provides for civil remedies.  A person injured as a result of a RICO violation can recover treble damages and reasonable attorney’s fees.  The law governing RICO is extraordinarily complex, and requires a highly knowledgeable and experienced attorney to defend against criminal RICO charges, or represent injured parties in a civil RICO case.  The definitions of “association”, the extent to which an “enterprise” engages in a “pattern of racketeering activity” represent some of the hotly contested legal issues that need to be raised in order to effectively represent someone accused under the RICO Statute.

Charles G. White has been at the forefront of RICO litigation since the 1980’s.  He represented “Big Jim” Nolan, the President of the South Florida Chapter of the Outlaws Motorcycle Club and five of his co-defendants against RICO charges that included 99 enumerated “predicate acts”, including murder, drug trafficking, prostitution, extortion and robbery that had occurred over a 16-year period of time.

Charles G. White represented a follower of Yahweh Ben Yahweh in a RICO trial brought against the Yahwehs in which his client, who was accused of four murders committed in “furtherance of the affairs of the enterprise” was exonerated.  Mr. White’s legal arguments against admitting the inflammatory sermons of Yahweh ben Yahweh against his followers helped not only his client, but seven of his co-defendants who were acquitted by the jury.  Yahweh ben Yahweh himself, after being convicted at the same trial of RICO conspiracy retained Mr. White to help him obtain post-conviction relief.

Charles G. White represented an attorney prosecuted under the RICO for judicial corruption as part of the infamous “Operation Courtbroom” investigation, where the “enterprise” was identified as the Circuit Court in Miami, Florida.

Charles G. White has used his knowledge and experience of RICO to help aggrieved investors conned out of their money under false pretenses.  Using the civil remedies provided by the RICO Statute, he prosecuted the con men in Civil Court.  As a result, Mr. White was able to get substantial judgments or settlements on behalf of his clients.

Obtain Legal Assistance
RICO cases do not always begin with the return of an indictment and the arrest of defendants.  When people discover that they are under investigation by Federal law enforcement agencies, they need to have competent counsel familiar with all the legal issues surrounding RICO at the earliest possible stage of the case.  Charles G. White.  He has over 34 years of experience with these types of cases and will defend you and your rights.