A RICO investigation in San Diego, California, may be underway for months before charges are actually filed. During that time, investigators may gather financial records, electronic communications, witness statements, and other evidence they believe connects someone to an alleged criminal enterprise.
At Blair Defense Criminal Lawyers, we understand the stakes of RICO charges and have the experience and resources to help you build a strong defense. If you’ve been arrested or charged, our team is available to help you understand your legal rights and options.
Call us today at (619) 357-4977 to schedule a free consultation with a San Diego RICO defense attorney.
Why Choose Blair Defense Criminal Lawyers for Help If You’re Arrested on RICO Charges in San Diego, CA?
People facing RICO charges in San Diego, CA, turn to Blair Defense Criminal Lawyers because these cases are not built like ordinary criminal matters, and they cannot be defended like one either. Prosecutors may spend months investigating before they ever make an arrest.
At Blair Defense Criminal Lawyers, our attorneys have extensive experience navigating criminal courtrooms and know how to identify weaknesses in a complicated federal criminal defense case.
Defendants choose our San Diego federal criminal defense attorneys for many reasons, such as:
- 15 years of criminal defense experience
- Recognized by Super Lawyers
- Named to the National Trial Lawyers Top 100 Attorneys
- Members of our team ranked among Top 40 Under 40 Trial Attorneys
- The firm has a perfect 10 Avvo rating, and over 100 five-star Google reviews
- Thousands of clients defended
Handling a RICO case without an attorney experienced in complex criminal matters can put you at a serious disadvantage. Our San Diego criminal defense lawyers can review the allegations against you and explain the options available in your case. Your initial consultation is free; call today.
Overview of RICO Charges in San Diego, California
RICO stands for the Racketeer Influenced and Corrupt Organizations Act. Federal RICO law prohibits several forms of conduct involving an enterprise and a pattern of racketeering activity. Under 18 U.S.C. § 1962, the exact elements depend on which part of the federal RICO statute is charged.
In a case alleging participation in an enterprise through racketeering activity, prosecutors generally must prove:
- An enterprise existed. An enterprise can include a legal business, corporation, association, or group of people associated together for a common purpose.
- The defendant was employed by or associated with the enterprise. Prosecutors must establish the relationship required by the particular RICO provision charged.
- The defendant conducted or participated in the enterprise’s affairs through racketeering activity. Merely knowing people connected to an enterprise is not enough.
- There was a pattern of racketeering activity. Federal law requires at least two qualifying racketeering acts.
Federal law generally requires the last qualifying racketeering act used to establish a pattern to occur within 10 years of a prior act, excluding periods of imprisonment.
California’s Version of RICO Charges — CCPOCA
California also has the California Control of Profits of Organized Crime Act, or CCPOCA. The law focuses largely on property and proceeds connected to organized criminal activity.
Under California Penal Code § 186.2, criminal profiteering activity includes specified offenses committed, attempted, or threatened for financial gain or advantage. A pattern generally requires at least two qualifying incidents that are related and meet the other requirements imposed by California law.
Our San Diego criminal defense attorneys can provide the aggressive, strategic representation necessary to navigate these complex allegations. Our team is dedicated to protecting your rights and mounting a robust defense against these high-stakes charges.
What Are the Penalties for RICO Charges in San Diego, California?
A federal RICO conviction can lead to substantial prison time, fines, and forfeiture. Because RICO cases may involve several alleged crimes, a defendant can also face penalties for the underlying offenses, known as predicate acts.
A federal RICO conviction can carry up to 20 years in prison for a violation. A life sentence may be authorized when the RICO violation is based on racketeering activity for which the maximum penalty includes life imprisonment. Federal law also provides for fines and forfeiture of certain property connected to the violation.
California’s criminal profiteering laws can expose qualifying property and proceeds to forfeiture in addition to the criminal penalties imposed for the underlying offenses. The consequences in any case depend on the charges, the alleged racketeering activity, and factors such as the defendant’s prior record.
Our San Diego federal criminal defense lawyers can thoroughly evaluate the evidence against you, challenge the government’s classification of predicate acts, and develop a robust defense strategy tailored to the specific complexities of your case.
What Defenses Can Be Raised If I’m Arrested on RICO Charges?
RICO charges depend on the government proving each required part of its case.
Our San Diego RICO defense lawyers may argue:
- The government cannot prove the existence of the alleged enterprise.
- The evidence does not establish the defendant’s required relationship to or participation in the enterprise.
- The alleged racketeering acts do not form a legally sufficient pattern.
- The qualifying racketeering acts do not satisfy the applicable timing requirements.
- Under California law, the alleged conduct does not satisfy the requirements for criminal profiteering activity.
- Evidence was obtained through an unlawful search, seizure, or interception and may be subject to suppression.
Every case is different, and the right defense depends on what evidence the prosecutor has. Blair Defense Criminal Lawyers can examine the allegations and determine which parts of the government’s case may be challenged.
Schedule a Free Case Evaluation With a San Diego RICO Defense Lawyer Today
If you’re facing RICO charges in San Diego, Blair Defense Criminal Lawyers can examine what the prosecution actually has, challenge how evidence was gathered when appropriate, and respond to allegations tying you to racketeering activity.
Contact us to schedule a free case evaluation with a San Diego RICO defense attorney today and learn more about how we can help you protect your rights and your future.
