How Does Georgia Handle Federal Racketeering (RICO) Charges?

Fighting Federal Racketeering (RICO) Charges in Georgia

Federal Racketeering (RICO) charges are among the most serious criminal accusations an individual or organization can face. These cases involve extensive investigations, aggressive federal prosecutors, and the potential for lengthy prison sentences. If you or a loved one is facing RICO charges in Georgia, you need a defense team prepared to go to trial and fight relentlessly for your rights.

What Is the Federal RICO Act?

The Racketeer Influenced and Corrupt Organizations (RICO) Act was enacted in 1970 to combat organized crime. Under federal law, RICO makes it illegal to engage in a pattern of racketeering activity through an enterprise. The actions taken could include the following:

• Fraud
• Money laundering
• Drug trafficking
• Bribery
• Murder for hire
• Kidnapping
• Conspiracy
• Extortion
• Bribery
• Arson
• Robbery
• Dealing in obscene matter (illegal or underage pornography)

How Does Georgia’s RICO Law Differ from the Federal Statute?

While federal RICO laws apply nationwide, Georgia has its version of a RICO statute under O.C.G.A. § 16-14-4. Georgia’s law is broader and allows for prosecuting individuals who commit two or more offenses as part of a pattern of racketeering activity. Unlike the federal system, Georgia’s RICO law provides for both civil and criminal penalties, meaning a convicted person can face the following:

• Criminal prosecution
• Civil lawsuits from alleged victims
• Asset seizures
• Hefty financial penalties

What Crimes Can Lead to a RICO Charge in Georgia?

RICO cases involve multiple offenses committed over time, with two being the minimum. These crimes, on which the alleged RICO pattern is based, are called “predicate offenses” because they come first. Under Georgia law, predicate offenses that can lead to a RICO charge include:

• Fraud (wire fraud, mail fraud, credit card fraud)
• Drug trafficking
• Homicide
• Bribery and extortion
• Embezzlement and money laundering
• Theft and robbery

If you are charged with a crime under Georgia’s RICO statute, prosecutors will seek to connect you to an ongoing criminal enterprise to strengthen their case.

What Are the Penalties for a RICO Conviction in Georgia?

The penalties for a RICO conviction in Georgia are severe. Under O.C.G.A. § 16-14-5, a person found guilty of violating the state’s RICO statute may face the following:

• Up to 20 years in prison
• Fines of up to $25,000 per count
• Forfeiture of assets tied to criminal activity
• Prohibition from engaging in similar future enterprises
• Restitution payments to alleged victims
• Civil lawsuits resulting in financial damages

How Does the Federal Government Build a RICO Case?

Federal prosecutors do not bring RICO charges lightly. These cases often involve years of investigations and cooperation between multiple agencies, including:

• FBI: Investigates organized crime, public corruption, and large-scale fraud cases.
• IRS: Focuses on financial crimes, including money laundering and tax evasion.
• DEA: Gets involved when drug trafficking is a central component of the criminal enterprise.
• Homeland Security: Normally handles cases related to human trafficking, smuggling, and transnational criminal organizations.

Other agencies, like the U.S. Secret Service, ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives), and local or state law enforcement, may also contribute depending on the nature of the alleged crimes.

What Does a Federal RICO Case Conviction Depend On?

To convict someone under RICO, the government must prove:

• The existence of an enterprise
• A pattern of racketeering activity
• A connection between the defendant and the criminal enterprise

Because RICO cases involve complex legal arguments and mountains of evidence, having an aggressive defense attorney is crucial.

What Defense Strategies Can Be Used in a RICO Case?

At Mones Law, P.C., we fight RICO charges by challenging the government’s case at every step. Possible defense strategies include:

• Arguing lack of intent to participate in a criminal enterprise
• Challenging the validity of evidence collected by investigators
• Demonstrating no pattern of illegal activity
• Showing that witness testimony is unreliable
• Filing motions to suppress illegally obtained evidence

A strong defense can lead to charges being reduced or even dismissed.

What Are the Steps in a Federal RICO Case?

If you are facing RICO charges, here’s what to expect:

Investigation:

Federal agencies spend months or even years gathering evidence. The actions taken can include surveillance, wiretaps, undercover operations, financial records, and witness testimonies. Agencies often work together to build a case.

Indictment:

Once law enforcement believes they have enough evidence, prosecutors present their case to a grand jury. The grand jury reviews the evidence and decides whether to issue an indictment or a formal charge against you.

Arraignment:

After an indictment, you will appear in court for arraignment. You will hear the charges against you and have the opportunity to enter a guilty or not guilty plea. You should already have an experienced criminal defense attorney to begin strategizing your defense by this time.

Pre-trial motions:

Your defense attorney may file motions to challenge the prosecution’s evidence. Your attorney could file to suppress illegally obtained evidence, dismiss certain charges, or limit the jury’s hearing. These motions can significantly impact the outcome of your case.

Trial:

If the case goes to trial, both sides will present their arguments before a jury. The prosecution must prove “beyond a reasonable doubt” that you committed the alleged crimes. Your criminal defense lawyer will cross-examine witnesses, challenge the government’s evidence, and present your case.

Sentencing:

If convicted, the court will determine your sentence based on federal guidelines, the severity of the charges, and any mitigating or aggravating factors. Your criminal defense attorney will fight to achieve the most optimum outcome for your case, including the following possibilities: 

• Dismissal of charges if the evidence is weak or unconstitutional.
• Reduced charges through a plea deal.
• Probation instead of prison.
• Alternative sentencing such as house arrest.
• Shorter prison sentence based on mitigating factors.
• Early release through good behavior or rehabilitation programs.

How Can I Protect Myself If I’ve Been Charged with RICO?

If you are under investigation or have been charged with RICO offenses, take the following steps immediately:

• Do not speak to law enforcement without an attorney present
• Retain an experienced criminal defense lawyer
• Gather and secure any evidence that supports your defense
• Avoid discussing your case with anyone except your lawyer
• Prepare for trial—even if you believe a plea deal is possible

Why Choose Mones Law, P.C. to Defend Your RICO Case?

At Mones Law, P.C., we are aggressive, trial-focused, and unafraid to take on the authorities. Our team has successfully defended clients against the IRS and nearly every other alphabet agency in the federal government. Federal prosecutors have cowed most defense lawyers today. Not us. We’re here to stand by you and fight tenaciously for your rights in your time of need. Here’s why you should trust us with your defense:

• Extensive trial experience: We don’t shy away from taking cases to trial.
• Proven track record: We have won cases that others thought were impossible.
• Relentless defense strategies: We scrutinize every piece of evidence to weaken the prosecution’s case.
• Dignified representation: We treat every client as a valued individual, not just a case number.
• Free 60-minute consultation: We will evaluate your case at no cost.

If you’re facing RICO charges, do not wait. Call 678-616-2647 today to schedule your free consultation and start building your defense. The government is already preparing its case against you—let us fight back.