helps people win back their lives
In an effort to crack down on organized crime, Congress passed a law in 1970 that is known as RICO, which stands for the Racketeer-Influenced and Corrupt Organizations Act. Michigan, like many other states, has enacted a similar law.
If you find yourself dealing with RICO-related charges, you could be facing harsh penalties, which is why you need the help of a Michigan RICO attorney with the knowledge and experience to help you navigate this complex situation. You need a skilled defense attorney who can provide you the clear information you need to understand all your options.RICO Laws
RICO was originally designed to help the government fight large-scale, interstate, organized crime operations. But in recent years, prosecutors have turned this powerful weapon on individuals and small businesses who may have accidentally violated the law, or even those who committed no legal violation at all.
RICO and similar state laws are intended to punish any organized criminal activity, including, among other crimes:
- Drug trafficking
- Transporting stolen property
- Distributing obscene materials to minors
- Money laundering
If these offenses were carried out for an enterprise's financial gain, anyone involved in the enterprise can fall under the jurisdiction of organized crime laws. Individuals can be found guilty of crimes they did not personally commit, as long as the prosecutors can show that they played some significant role in the criminal enterprise.Potential Penalties
RICO and its Michigan equivalent have given the authorities enhanced powers, and they have used them aggressively. Prosecutors can seek forfeiture of property and assets, as well as lengthy prison terms. They can also seek treble damages, which means that for every dollar of actual damages that are found by the court, the defendant can be ordered to pay three dollars.
If the property that was derived from the alleged racketeering is outside the court's jurisdiction, has been sold, or cannot be found, the court can then order the defendants to forfeit other property of equivalent value.Criminal and Civil Charges
In addition to providing for extended criminal penalties, RICO also allows for a civil cause of action that alleged victims of the illegal acts can bring against a person, a group of people, or an ongoing business enterprise. Such cases can become complicated quickly.
To gather the evidence necessary to prosecute RICO-type crimes, the government uses methods such as:
- Searches of homes and business premises
- Witness testimony
All Americans have the right to be free of unreasonable search and seizure, and the right to confront the witnesses against them. Experienced, knowledgeable RICO defense attorneys in Michigan know how to scrutinize the record to find examples of police misconduct and other defects that can render evidence inadmissible in court. If enough evidence is excluded, the case against the defendant could collapse altogether.Consulting with a RICO Attorney
A lawyer's job is to serve as the client's advocate at all times and in every way, without judging any mistakes that the client may have made. A Michigan RICO attorney will listen carefully to every aspect of your story, clearly lay out what your options are, and then provide you with the most vigorous defense possible under the law. If you are facing possible RICO penalties, whether criminal or civil, contact an experienced attorney as soon as possible.