Racketeering

Federal Defense Lawyer Explains Racketeering

Racketeering involves the operation of dishonest business enterprises. Racketeering is unlawful and there are strict rules applicable to prevent this type of misconduct. In fact, those who engage in racketeering can face federal criminal charges that carry lengthy prison sentences.

Cases involving racketeering are complicated and federal officials devote a substantial amount of money and resources to investigating racketeering and to pressing charges against those who engage in unlawful misconduct related to their business dealings.

If you have been charged with racketeering, you need to make certain you are represented by a federal criminal defense attorney with the knowledge and skill necessary to give you the best chance of not being convicted of a serious federal offense.

LV Criminal Defense knows the laws on racketeering very well. Our firm has represented many clients in Oregon, California, Utah, Arizona, and surrounding areas who have been charged with racketeering crimes. We know the ins-and-outs of the law and we can assist with developing the most proactive and effective method of responding to criminal charges.

We can help you to negotiate a plea agreement, arrange a deal to provide information in exchange for charges being dropped, or fight in court for acquittal. In every situation, we will work with you to understand your goals, evaluate the evidence against you, and determine the best approach to responding to charges. Just give us a call to find out more about the help that we can offer.

Federal Criminal Laws on Racketeering

Federal laws on racketeering are found within 18 U.S. Code Chapter 95. Within that Chapter are 12 statutes. However, two of those statutes were renumbered so the remaining laws that define racketeering crimes on the federal level include the following:

• 18 U.S. Code section 1951 – Interference with commerce by threats or violence
• 18 U.S. Code section 1952 – Interstate and foreign travel or transportation in aid of racketeering enterprises
• 18 U.S. Code section 1953 – Interstate transportation of wagering paraphernalia
• 18 U.S. Code section 1954 – Offer, acceptance, or solicitation to influence operations of employee benefit plan
• 18 U.S. Code section 1955 – Prohibition of illegal gambling businesses
• 18 U.S. Code section 1956 – Laundering of monetary instruments
• 18 U.S. Code section 1957 – Engaging in monetary transactions in property derived from specified unlawful activity
• 18 U.S. Code section 1958 – Use of interstate commerce facilities in the commission of murder-for-hire
• 18 U.S. Code section 1959 – Violent crimes in aid of racketeering activity
• 18 U.S. Code section 1960 – Prohibition of unlicensed money transmitting businesses

When you are charged with a racketeering offense, you need to understand the specific details set forth in the statute that gives rise to your criminal charges. For example, 18 U.S. Code section 1951 defines the crime of interference with commerce using threats or violence.

In order for a defendant to be convicted of this offense, a prosecutor would need to show that the defendant somehow obstructed, delayed, or affected commerce or affected, delayed, or obstructed the movement of any article of commerce. The prosecutor would need to show the defendant committed this obstruction or affected commerce through robbery, extortion, or a conspiracy to rob or extort; or would ned to show that the defendant obstructed or interfered with commerce by either committing physical violence or threatening to commit physical violence.

The statute goes on to define robbery to include unlawfully taking or obtaining personal property against the will of the rightful owner by force, threat of force, violence, or fear of immediate injury to the rightful owner’s person, property, family members, or family member’s property. Extortion is defined by the statute to include obtaining property from a rightful owner with consent when that consent was forced by the wrongful use of actual force, threats of force, actual or threatened violence, or a claim that the person taking the property was acting under official right.

If a prosecutor is able to prove that commerce was interfered with through extortion, robbery, or other prohibited means, a defendant who is convicted under 19 U.S. Code section 1951 could be sentenced to a maximum of 20 years of imprisonment as well as a fine.

This is just one of several statutes that define specific types of racketeering crimes and that sets forth specific elements of the crime that must be proved for a defendant to be convicted. In order for a defendant to be found guilty, a prosecutor must prove each specific part of a crime beyond a reasonable doubt.

LV Criminal Defense can help you to understand the specifics of what a prosecutor would need to prove for you to be found guilty depending upon the criminal charges against you.

5 Star30 reviews