Preliminary Hearing

Organized crime charges include a wide range of illegal activities by criminal groups, such as drug trafficking, money laundering, racketeering, extortion, and illegal gambling. Charges re-lated to the federal Racketeer Influenced and Corrupt Organizations Act (RICO) are serious charges and carry harsh penalties upon conviction – penalties that could jeopardize your freedom and future.

If you are facing charges involving organized crime groups or criminal networks, you need experienced and aggressive legal representation. Get the help you need by contacting a Philadelphia organized crime defense attorney from The Zeiger Firm. We’re aggressive, experienced, and ready to fight for a positive outcome to your charges.

What Is Organized Crime?

Organized crime refers to centralized criminal organizations established for their members to en-gage in patterns of illegal activity, typically for profit. Highly organized criminal organizations can operate at the local, state, national, or international level. Criminal enterprises may engage in the extortion of businesses for loyalty or operate drug distribution, gambling, prostitution, or human trafficking enterprises. Historically, organized crime has referred to national and international syndicates popularly known as the “mob” or “mafia.” However, organized criminal syndicates today include drug distribution rings and organizations from Central and South America, Central Europe, and countries around the world.

Activities carried out by organized crime syndicates fall under the umbrella of racketeering. In the mid-20th century, Congress passed the federal Racketeer Influenced and Corrupt Organizations (RICO) Act, enabling federal prosecutors to charge the leaders of a criminal organization for alleged criminal acts committed by the organization’s members. Law enforcement agencies can file RICO charges against members of criminal groups or criminal gangs if they engage in a pattern of racketeering activity as part of an organized crime operation.

Common Charges in Organized Crime Cases

The federal RICO Act, contained in 18 U.S.C. Ch. 96, makes it a crime to engage in a pattern of racketeering activity, defined as engaging in two or more acts of racketeering within ten years through conduct on behalf of a criminal enterprise.

Examples of crimes that may result in RICO charges for individuals alleged to have participated in organized crime include:

Many states also have criminal RICO Acts. In Pennsylvania, criminal acts that may constitute racketeering activity under the state’s RICO Act – 18 Pa.C.S. §911 – include:

  • Homicide
  • Terroristic threats
  • Kidnapping
  • Human trafficking
  • Arson, criminal mischief, or property destruction
  • Robbery or other theft offenses
  • Commercial bribery
  • Match-fixing
  • Political bribery of corrupt officials
  • Illegal gambling and bookmaking

Why You Need an Experienced Organized Crime Attorney

Prosecutors typically bring the full resources of the government to bear on organized crime cases due to the seriousness of organized criminal activity. You need a criminal defense attorney experienced with organized crime cases to navigate the extremely complex legal issues these cases present.

An experienced defense attorney can help you by:

  • Independently investigating the charges against you and seeking evidence that calls into question the prosecutors’ version of events or illegal activity.
  • Reviewing the facts and circumstances to identify potential defenses
  • Challenging the sufficiency of the prosecution’s case to get charges reduced or dismissed
  • Negotiating a favorable plea deal in certain circumstances
  • Presenting a vigorous defense to challenge the government’s charges at trial, as necessary

Penalties and Consequences

Under the federal RICO Act, a conviction for engaging in organized crime may carry a penalty of up to 20 years in prison or life imprisonment if a predicate act of racketeering imposes a maxi-mum penalty of a life sentence. Furthermore, a conviction may result in a defendant forfeiting to the federal government any interest in, security of, claim against, or property or contractual right over any enterprise or property involved with or resulting from the proceeds of racketeering activity or unlawful debt collection.

Under Pennsylvania’s RICO Act, a violation constitutes a first-degree felony, punishable by up to 20 years in prison and a fine of up to $25,000. The state’s RICO Act also allows a court to order a convicted defendant to divest themselves of any interest in an enterprise involved in the racketeering activity.

Individuals facing organized crime charges under the federal or state RICO Acts may also face additional penalties if charged and convicted of committing an underlying predicate offense, such as homicide, drug distribution, or bribery of public officials.

What to Do If Charged with Organized Crime?

You should contact an experienced criminal defense attorney at the earliest opportunity and de-cline to answer questions or provide a statement to the arresting officers. Any information you give the arresting officers may be used against you in court.

Defense Strategies in Organized Crime Cases

A person charged with participating in organized crime under the federal or state RICO Act may pursue various defense strategies to fight their charges. Common defenses against RICO charges include:

  • Lack of a pattern of predicate offenses: A RICO case requires the prosecution to prove that the criminal enterprise committed at least two predicate acts of racketeering as part of the same enterprise.
  • Lack of a criminal enterprise: A defendant charged with participating in organized crime may argue that the evidence fails to prove the existence of a criminal enterprise or that the member engaged in unlawful activities on behalf of an enterprise.

Whether you’re facing a RICO charge alone or organized crime charges and charges of an under-lying predicate racketeering offense, a defense strategy may seek to disprove that the underlying offense occurred. Defendants may have various legal or factual defenses they might raise, de-pending on the nature of the underlying offense, such as:

  • Lack of possession: Defendants facing drug trafficking or weapons charges as part of an organized crime case may argue that the evidence cannot prove they had actual or constructive possession of the illegal goods.
  • Lack of intent: A defendant may assert that the prosecution’s case fails to prove beyond a reasonable doubt that the accused acted with the level of criminal intent required as outlined in the criminal statute.
  • Mistaken identity/alibi: An individual charged with a predicate act may deny having committed the crime by challenging a victim’s or witness’s identification or presenting alibi evidence to prove they were elsewhere when the crime happened.
  • Self-defense: A person charged with assault or homicide may claim they acted in self-defense, using proportional force to protect themselves from what they reasonably perceived as an imminent threat of harm posed by the alleged victim.
  • Unreliable forensic evidence: When a case involves evidence such as DNA, fingerprints, or ballistics, a defendant may challenge the reliability of the evidence by identifying shortcomings or issues with the prosecution’s testing or evidence handling.
  • Unlawfully obtained evidence or statements: Defendants may file motions to exclude evidence from the prosecutors’ case by arguing that investigators obtained the evidence through an unlawful search or obtained incriminating statements from the defendant through an illegal wire-tap or custodial questioning that violated the defendant’s rights.

Contact an Experienced Organized Crime Attorney

If you’ve been charged with involvement in organized crime or received notice that you are the target of a criminal investigation, you need highly aggressive and experienced legal representation to protect your reputation, freedom, and future. Contact The Zeiger Firm today for a free, confidential consultation with an organized crime defense attorney to discuss your options for resolving your charges.