FEDERAL CRIMINAL LAWYER | CRIMINAL DEFENSE ATTORNEY

Time 2020-12-31 03:02:52

Web Name: FEDERAL CRIMINAL LAWYER | CRIMINAL DEFENSE ATTORNEY

WebSite: http://www.federalcriminallawyer.us

ID:151522

Keywords:

CRIMINAL,FEDERAL,LAWYER,

Description:

RICO: Exploration of U.S. Federal Laws Against Racketeering by Sami Azhari on December 28, 2020 How Does U.S. Federal Law Address Racketeering Enterprises?The U.S. Congress passed the Racketeer Influenced and Corrupt Organizations (RICO) Act in 1970 to help combat organized crime. Since its passage, RICO has enabled the federal government to crack down on organized criminal organizations across the country. This act includes both criminal and civil penalties for violations, including imprisonment and forfeiture. And on top of prohibiting individual actors, RICO also applies to enterprises and similar organized efforts to commit various criminal offenses.How Does Federal Law Define a Racketeering Activity?18 U.S. Code § 1961 provides the federal definition of the term “racketeering activity.” Under this section, racketeering activity refers to a wide variety of criminal acts, such as murder, kidnapping, drug dealing, extortion, embezzlement, and multiple versions of fraud, including all securities fraud elements. From a general standpoint, criminal offenses that are punishable by at least one year in prison are likely considered to be racketeering activities.Section 1961 also defines the term “pattern of racketeering activity.” Under this section, a pattern of racketeering activity signifies a minimum of two racketeering activities. To qualify as a pattern, the first racketeering activity must occur within 10 years of the last racketeering activity.How Does Federal Law Define a Racketeering Enterprise?18 USC 1962 makes it illegal to engage in a racketeering enterprise. There are essentially two elements of racketeering under federal law – a pattern of racketeering activity and an association-in-fact enterprise.In this context, the term enterprise denotes a group of individuals who are “associated in fact.” This legal term refers to a common framework, whether formal or informal, that enables a group of people to carry out shared objectives. It is not necessary for such an enterprise to have a formal structure, such as a corporation or LLC.Under Section 1962, it is unlawful for any enterprise to conduct their affairs, directly or indirectly, through a pattern of racketeering activity or the collection of unlawful debt. In order for Section 1962 to apply, the enterprise in question must deal with or at least affect interstate or foreign commerce.Taken as a whole, the federal charge of racketeering enterprise involves a group of associated individuals who are attempting to complete common goals. If such an association-in-fact enterprise carries out a pattern of racketeering activities, it qualifies as a violation of Section 1962.What are the Federal Penalties for Racketeering Enterprise?18 U.S. Code § 1963 establishes the federal penalties for engaging in a racketeering enterprise. Any person who violates federal law by engaging in a racketeering enterprise is subject to confinement in federal prison for a term of 20 years to life.In addition, racketeering enterprise violations are subject to mandatory forfeiture. Upon conviction, the offenders must forfeit any interest in, security of, claim against, or any rights concerning proceeds obtained through the racketeering enterprise in question.On a related note, federal law treats conspiracies to commit racketeering enterprise the same as completed crimes. If multiple people conspire to organize as an enterprise and commit a pattern of racketeering activities, it is a violation of federal law. It does not matter if the objective of the conspiracy is ultimately successful.18 USC 1346: Honest Services FraudSeptember 24, 2020 What is Honest Services Fraud? The term “honest services fraud” has been making its way through the news due to a string of high profile federal criminal cases involving celebrities and other wealthy parents essentially bribing their children’s college admission to certain universities. But what is honest services fraud? Honest services fraud is defined in [ ]Read the full article Disaster FraudSeptember 11, 2020 18 U.S.C.A. §1040 is the federal statute that criminalizes fraud and false statements in connection with benefits offered in response to a presidentially declared national emergency. Since the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) was passed in 1988, the United States has worked to establish a systematic approach to provide [ ]Read the full article

TAGS:CRIMINAL FEDERAL LAWYER 

<<< Thank you for your visit >>>

This site explains state and federal crimes, penalties, and possible defenses.

Hot Websites