In Florida, racketeering is defined under the Florida Racketeer Influenced and Corrupt Organizations (RICO) Act, which prohibits engaging in a pattern of racketeering activity. This includes activities such as extortion, fraud, and other criminal enterprises conducted through an enterprise.
A key element of racketeering under the Florida RICO Act is the existence of a “pattern” of criminal activity, which is defined as committing at least two incidents of racketeering offenses within a five-year period. This pattern must be connected to an enterprise, where the illegal activities are used to further the organization’s goals or operations. The statute aims to dismantle criminal organizations by allowing prosecutors to pursue those involved in coordinating or supporting ongoing criminal conduct, even if they aren’t directly committing the offenses themselves.
Brooksville Racketeering Defense Lawyer
The penalties for racketeering in Florida are severe and can include lengthy prison sentences, significant fines, forfeiture of assets, and civil liabilities. The Florida RICO Act has been applied to various criminal enterprises, ranging from traditional organized crime syndicates to corrupt business entities and even street gangs.
If you or a loved one has been charged with racketeering, do not hesitate to contact the Law Office of Ashley Aulls at (352) 593-4115. The Law Office of Ashley Aulls can help you or your loved one with your case.
Information Center for Racketeering
What is Racketeering?
Racketeering can be defined as the act of conducting illegal business activities, often through an organized enterprise. Some examples include:
Extortion (Protection Rackets):
- Criminal groups demand money or services from businesses or individuals in exchange for protection from harm. If payment is not made, they may damage property or cause physical harm.
Loan Sharking:
- Loaning money at extremely high-interest rates and using threats or violence to collect payments. Borrowers often fall into deeper debt, making it difficult to escape the racket.
Bribery and Corruption:
- Offering money, gifts, or other incentives to public officials or other key players to influence decisions, contracts, or regulatory enforcement.
Money Laundering:
- Concealing illegally obtained money, often through legitimate businesses or financial transactions, to make it appear as though it came from lawful sources.
Illegal Gambling Rings:
- Running unlicensed and illegal gambling operations, where organized crime groups take cuts of the winnings or force participation.
Drug Trafficking Rings:
- Organized groups that control the production, distribution, and sale of illegal drugs, often use violence to maintain their operations.
Human Trafficking:
- Engaging in the illegal trade of humans for forced labor, sexual exploitation, or other forms of slavery, often as part of a larger organized network.
Counterfeiting Operations:
- Producing fake goods (e.g., money, luxury items, or pharmaceuticals) and selling them as legitimate, often as part of a larger syndicate.
Penalties
The penalties for racketeering charges in Florida can be severe, including:
First-degree felony:
- Up to 30 years in prison.
- Significant fines, often exceeding $10,000.
Second-degree felony:
- Up to 15 years in prison.
- Fines of up to $10,000.
Defenses
Common defenses against racketeering charges may include:
Lack of Evidence:
- The prosecution must prove that the defendant engaged in a pattern of racketeering activity. If there is insufficient evidence to support these claims, a defense may argue that the charges should be dismissed.
Absence of Criminal Intent:
- A defendant can argue that they did not have the intent to commit a crime. This can be critical in proving that actions were not part of a racketeering scheme.
Withdrawal from the Enterprise:
- If a defendant can prove they withdrew from the criminal enterprise before any illegal activities occurred or before being charged, it can serve as a defense.
Coercion or Duress:
- A defendant can argue that they were forced to participate in the racketeering activity under threat of harm.
Additional Resources
- Florida Statute 895 – Addresses racketeering and organized crime under the RICO Act
- The RICO Act – A detailed overview of the Racketeer Influenced and Corrupt Organizations Act.
Contact a Lawyer in Hernando County
If you or a loved one has been charged with racketeering, do not hesitate to contact the Law Office of Ashley Aulls (352) 593-4115.
Ashley Aulls can represent you in any hearing in Hernando County, Pasco County, Citrus County, and Sumter County, FL. To schedule your initial case consultation with Brooksville defense lawyer Ashley Aulls, call (352) 593-4115 today.