The general federal conspiracy statute is covered under 18 U.S.C. Section 371. Conspiracy is a federal crime involving two or more individuals who agree to commit a crime and take some type of action to complete the criminal offense.
To be charged with a federal conspiracy crime, it does not matter if the crime was actually carried out; only that the individuals conspired to commit it and then took steps to complete it.
If the crime was actually committed, an individual could face legal penalties for both conspiracy and the crime that was carried out. Conspiracy is a broad crime that can include many kinds of conduct.
Conspiracy is a common federal offense, and prosecutors will often use the RICO Act to charge members of a criminal enterprise with racketeering.
Conspiracy and RICO crimes are interpreted very loosely, posing a significant risk. They can result in innocent people, or someone who played a small role with no criminal history, getting criminally involved in a large-scale drug trafficking or RICO case. It's crucial to be cautious and aware of these risks.
If you are under investigation or already charged with conspiracy, it's crucial to consult with a Los Angeles federal criminal defense lawyer at our office. The severity of federal conspiracy charges, which can lead to legal penalties for both conspiracy and the crime that was carried out, underscores the urgent need for professional legal guidance. Our lawyers will review the details and evidence in your case to determine an effective defense strategy.
What is the RICO Act?
Racketeering laws' main purpose is to penalize organized criminal activities and crimes. These can include a wide array of charges, such as arson, embezzlement, fraud, money laundering, robbery, extortion, gambling, bribery, kidnapping, conspiracy, and homicide.
Racketeering is a federal crime, and therefore, it is prosecuted by the federal courts, rather than by California state courts. The Racketeer Influenced and Corrupt Organizations Act (RICO), which is part of the Organized Crime Control Act, governs most federal racketeering charges.
The purpose of this Act is to protect against and prevent organized crime in the United States. RICO cases are often complex and involve numerous criminal offenses and defendants. Federal conspiracy charges can include:
- Conspiracy to manufacture, distribute, or possess with intent to distribute controlled substances.
- Conspiracy to commit a robbery of any article in interstate commerce.
- Conspiracy to commit health care fraud
- Conspiracy to commit wire fraud or mail fraud
- Conspiracy to defraud the United States Government
- Conspiracy to commit a RICO offense
Given the seriousness and complexity of a RICO case, you must have experienced legal representation throughout your entire case. An experienced Los Angeles federal criminal defense lawyer at our law firm can advocate for you and help you obtain the best possible result in your case.
Standard of Proof
In order for a federal prosecutor to prove a racketeering charge, they must prove the case “beyond a reasonable doubt,” meaning a doubt based upon ordinary reason and common sense.
In order to successfully meet this burden, the federal prosecutor must prove all of the following elements:
- A defendant's criminal actions constituted an enterprise in which they engaged in racketeering over the past 10 years.
- The defendant's criminal actions harmed the victim; and
- At least two (2) “predicate acts” were involved.
“Predicate acts” are related crimes that involve common instructions, patterns, methods, or victims.
Legal Defenses against Conspiracy
Fortunately, several legal defenses are available to criminal defendants who have been charged with conspiracy or racketeering. These defenses may include the following:
- Falsehoods in witness statements or police reports
- Civil rights violations
- Lack of physical evidence in support of the prosecution's case
- Illegal searches and seizures (i.e., Fourth Amendment violations)
- Unrelated criminal offenses
- Lack of criminal intent on the part of the defendant
In some criminal cases, it may be possible to suppress the introduction of evidence critical to the prosecution's case if your federal criminal defense lawyer can establish that law enforcement violated the 4th Amendment in the way it conducted its investigation.
For example, if a law enforcement agency failed to obtain a warrant for certain forms of surveillance, any evidence gathered from that surveillance could be deemed inadmissible in court.
Likewise, if the police lacked appropriate justification for a traffic stop, any evidence gathered in the course of the stop would likely be excluded by the judge hearing your case.
Excluding evidence can significantly weaken the prosecution's case and even result in a case being dropped or dismissed in its entirety. In certain cases, we may be able to argue a First Amendment free speech issue. We also provide a strategic approach to federal sentencing in order to stay out of federal prison.
Potential Legal Penalties
Given the federal nature of conspiracy and RICO charges, the potential penalties are severe and long-lasting. They could include up to twenty years in state prison, as well as probation or parole. This underscores the critical need for immediate legal representation, emphasizing the urgency of the situation.
A conviction for conspiracy or RICO offenses will result in a permanent criminal record. This could have far-reaching consequences, affecting your ability to get a job, rent an apartment, vote, possess a firearm, or even leading to immigration issues such as deportation. It's crucial to understand the gravity of the situation and seek legal help immediately to mitigate these potential long-term impacts.
Because of these potentially serious consequences, it is critical for anyone who has been accused of an offense related to conspiracy or the RICO Act to consult with a Los Angeles federal criminal defense lawyer as soon as possible. Being proactive and seeking immediate legal help is crucial in these situations, reinforcing the need for swift action.
Call a Federal Conspiracy Attorney
A conviction for racketeering is very significant and can result in hefty fines, jail time, or both. Federal prosecutors tend to over-charge criminal defendants and often try to obtain evidence by unlawful means.
Our experienced Los Angeles conspiracy and RICO defense attorney at our law firm will thoroughly examine all the facts and circumstances of your case. They will work with you to formulate potential defenses, providing you with the reassurance and support you need during this challenging time.
Experienced legal representation can make the difference between going to jail and obtaining a dismissal.
Our federal criminal lawyers may be able to assist you in obtaining a favorable plea deal from a federal prosecutor. This could potentially minimize the long-term impacts of your RICO case, which can result in serious penalties and a permanent criminal record. It offers you a glimmer of hope in what may seem like a daunting situation, emphasizing the potential benefits of seeking legal help.
If you have been charged with a conspiracy or RICO case, skilled legal representation is essential. You should contact a Los Angeles federal criminal defense attorney at Eisner Gorin LLP immediately. Call our law firm at 877-781-1570 for a free, immediate response. Time is of the essence in these cases, and the sooner you seek legal help, the better your chances of a favorable outcome.
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