RICO Charges Attorney in New Jersey

Navigating the complexities of the legal system can be daunting, especially when facing serious charges like those under the Racketeer Influenced and Corrupt Organizations (RICO) Act. In New Jersey, both state and federal RICO laws are powerful tools used by prosecutors to combat organized crime. Understanding the nuances of these laws, potential defenses, and the long-term consequences of a conviction is crucial for anyone facing such accusations.

This comprehensive guide, brought to you by the Law Offices of Brett M. Rosen, Esq., a leading criminal defense attorney in New Jersey, aims to demystify RICO charges and provide valuable insights into this complex area of law. Brett M. Rosen, a seasoned criminal defense attorney with a proven track record of success, has extensive experience defending clients against RICO allegations. His dedication to protecting the rights of the accused and his in-depth understanding of state and federal RICO statutes make him a formidable advocate for those facing these challenging charges.

Understanding the Scope of RICO Laws

The RICO Act, originally enacted at the federal level in 1970, was designed to dismantle organized crime syndicates like the Mafia. Over time, its application has broadened significantly, encompassing various criminal enterprises beyond traditional mob activities. New Jersey subsequently adopted its own version of RICO, further expanding the state’s ability to prosecute complex criminal organizations.

At their core, both state and federal RICO laws target individuals and organizations engaged in a “pattern of racketeering activity” connected to an “enterprise.” This seemingly simple definition belies the intricate legal framework that governs RICO prosecutions. Understanding the elements that constitute “racketeering activity,” a “pattern,” and an “enterprise” is paramount to building a strong defense.

New Jersey’s RICO Statute: NJSA 2C:41-1 et seq.

New Jersey’s RICO statute, codified under NJSA 2C:41-1 et seq., mirrors the federal law in many respects but also possesses unique characteristics. It criminalizes participation in an enterprise through a pattern of racketeering activity, aiming to dismantle organizations engaged in various illicit activities.

Key Elements of New Jersey RICO

• Enterprise: New Jersey law defines an “enterprise” broadly, encompassing any individual, partnership, corporation, association, or other legal entity, as well as any union or group of individuals associated in fact, although not a legal entity. This expansive definition allows prosecutors to target a wide range of organized criminal activities.   

   

• Racketeering Activity: This is the cornerstone of a RICO charge. New Jersey’s RICO statute lists numerous predicate offenses that qualify as racketeering activity. These include, but are not limited to:

  • Murder
  • Kidnapping
  • Gambling
  • Arson
  • Robbery
  • Bribery
  • Extortion
  • Forgery
  • Theft
  • Fraud (various types, including mail, wire, and securities fraud)
  • Drug offenses (manufacturing, distribution, etc.)
  • Money laundering
  • Computer crimes
• Pattern of Racketeering Activity: To establish a RICO violation, the prosecution must prove a “pattern” of racketeering activity. This means demonstrating that the defendant committed at least two predicate acts within a ten-year period, excluding any period of imprisonment. These acts must be related, either directly or indirectly, to the affairs of the enterprise. Moreover, the acts must either amount to or pose a threat of continued criminal activity. New Jersey courts have interpreted the “pattern” requirement to demand both relatedness and continuity, ensuring that isolated criminal acts are not unfairly swept into the ambit of RICO. The relatedness prong may be satisfied by evidence that the offenses have similar purposes, results, participants, victims, methods of commission, or otherwise are interrelated by distinguishing characteristics.  The continuity prong may be proven by showing either a closed period of repeated conduct or past conduct that by its nature projects into the future with a threat of repetition.

Penalties for RICO Violations in New Jersey

Convictions under New Jersey’s RICO statute carry severe penalties, reflecting the seriousness with which the state views organized criminal activity. These penalties can include:

• • Imprisonment: Up to 20 years in state prison.
  • Fines: Up to $200,000 or three times the gross value gained from the illegal enterprise, whichever is greater.
  • Forfeiture: The state can seize any assets or property derived from or used in the racketeering activity. This can include real estate, vehicles, bank accounts, and other valuables.
  • Restitution: Defendants may be ordered to pay restitution to victims of their racketeering activity.

Civil RICO in New Jersey

In addition to criminal penalties, New Jersey’s RICO law allows for civil lawsuits. Private individuals or entities harmed by RICO violations can sue for treble damages (three times their actual losses) and attorneys’ fees. This provision provides a powerful incentive for victims to pursue civil remedies against racketeering enterprises. The burden of proof in a civil RICO case is a preponderance of the evidence which is a lower threshold than the beyond a reasonable doubt standard of a criminal case.

Federal RICO Statute: 18 U.S.C. § 1961 et seq.

The federal RICO Act, codified under 18 U.S.C. § 1961 et seq., serves as the blueprint for many state RICO laws, including New Jersey’s. While similar in many ways, there are key distinctions that can significantly impact a case.

Key Elements of Federal RICO

• Enterprise: Similar to New Jersey law, the federal RICO statute defines “enterprise” broadly, encompassing any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal ¹ entity. Federal courts have interpreted this definition to include both legitimate businesses and wholly illegitimate criminal organizations.
• Racketeering Activity: Federal RICO lists a wide array of predicate offenses, including many of the same crimes listed in New Jersey’s statute. However, the federal law also includes specific federal offenses such as:
  • Mail fraud (18 U.S.C. § 1341)
  • Wire fraud (18 U.S.C. § 1343)
  • Bank fraud (18 U.S.C. § 1344)
  • Securities fraud (18 U.S.C. § 1348)
  • Interstate transportation of stolen property (18 U.S.C. § 2314)
  • Obstruction of justice (18 U.S.C. § 1503)
  • Witness tampering (18 U.S.C. § 1512)
• Pattern of Racketeering Activity: Federal RICO requires at least two acts of racketeering activity within a ten-year period. The acts must be related to each other and to the enterprise and pose a threat of continued criminal activity. Federal courts have extensively litigated the meaning of “pattern,” leading to complex legal doctrines on relatedness and continuity. The Supreme Court in H.J. Inc. v. Northwestern Bell Telephone Co., 492 U.S. 229 (1989) held that to prove a pattern of racketeering activity a plaintiff or prosecutor must show that the racketeering predicates are related, and that they amount to or pose a threat of continued criminal activity. The relatedness prong may be satisfied by evidence that the offenses have similar purposes, results, participants, victims, methods of commission, or otherwise are interrelated by distinguishing characteristics. The continuity prong may be proven by showing either a closed period of repeated conduct or past conduct that by its nature projects into the future with a threat of repetition.

Penalties for Federal RICO Violations

Federal RICO convictions carry extremely harsh penalties, often more severe than those under state law:

• Imprisonment: Up to 20 years in federal prison for each RICO count. In some cases, life imprisonment is possible if the underlying racketeering activity carries a life sentence.
• Fines: Up to $250,000 per count or twice the gross proceeds of the racketeering activity, whichever is greater.
• Forfeiture: Federal law mandates the forfeiture of any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over the enterprise involved in the violation. This includes any property derived from or used in the racketeering activity. 
• Restitution: Defendants may be ordered to pay restitution to victims.

Civil RICO under Federal Law

Like New Jersey law, the federal RICO statute allows for civil lawsuits. Individuals or entities injured by a RICO violation can sue for treble damages and attorneys’ fees. Civil RICO claims are frequently used in business disputes, adding a powerful tool to commercial litigation. The burden of proof in a civil RICO case is a preponderance of the evidence which is a lower threshold than the beyond a reasonable doubt standard of a criminal case.

Key Differences Between State and Federal RICO Charges

While New Jersey’s RICO statute is modeled after the federal law, significant differences exist that can impact the outcome of a case. Understanding these distinctions is critical for developing an effective defense strategy.

Predicate Offenses

• Scope: Federal RICO includes certain federal crimes, such as mail and wire fraud, that may not be specifically listed as predicate offenses under New Jersey’s statute. However, New Jersey law contains many predicate offenses that are not found in the federal statute.
• Interpretation: Federal courts have developed extensive case law interpreting the scope of predicate offenses under RICO. New Jersey courts may look to federal precedent for guidance but are not bound by it.

“Pattern” Requirement

• Relatedness and Continuity: Both state and federal laws require a “pattern” of racketeering activity, but the specific interpretation of “relatedness” and “continuity” can vary between state and federal courts.
• Judicial Interpretation: Federal courts have grappled extensively with the “pattern” requirement, resulting in a complex body of case law. New Jersey courts have developed their own jurisprudence on this issue, which may differ in certain aspects.

Statute of Limitations

• Federal: The statute of limitations for a criminal RICO violation is five years from the date the violation ended, however, this is subject to equitable tolling. The statute of limitations for a civil RICO action is four years from the date the cause of action accrued, however, this is subject to equitable tolling.
• New Jersey: The statute of limitations for a criminal RICO violation is five years from the date the violation ended, however, this is subject to equitable tolling. The statute of limitations for a civil RICO action is two years from the date the cause of action accrued, however, this is subject to equitable tolling.

Common Defenses to RICO Charges

Facing RICO charges can be overwhelming, but a skilled criminal defense attorney can explore various defenses to challenge the prosecution’s case. Below are some common defenses to both state and federal RICO charges. 

Attacking the “Enterprise” Element

• Lack of Structure: Argue that the alleged enterprise lacks the necessary structure or organization required under the law.
• No Common Purpose: Demonstrate that the individuals involved did not share a common purpose or goal.
• Legitimate Business: Show that the enterprise was a legitimate business engaged in lawful activities, even if some individuals within the organization engaged in illegal conduct.

Challenging the “Pattern of Racketeering Activity”

• Insufficient Predicate Acts: Argue that the prosecution has not proven the required number of predicate acts within the statutory time frame.
• Lack of Relatedness: Demonstrate that the alleged predicate acts are not sufficiently related to each other or to the enterprise.
• No Continuity: Show that the predicate acts do not demonstrate a threat of continued criminal activity.
• Statute of Limitations: Argue that the statute of limitations has expired for some or all of the alleged predicate acts.
• Challenging the Predicate Acts Themselves: A defendant may challenge whether the predicate acts alleged actually constitute racketeering activity.

Challenging the Connection Between the Defendant and the Enterprise

• Lack of Knowledge: Argue that the defendant was unaware of the enterprise’s illegal activities or did not knowingly participate in them.
• No Agreement: Demonstrate that the defendant did not agree to participate in the enterprise’s affairs through a pattern of racketeering activity.
• Limited Role: Show that the defendant’s involvement was minimal and did not rise to the level of participation required for a RICO conviction.
• Withdrawal: Argue that the defendant withdrew from the enterprise before the commission of the alleged predicate acts.

Challenging the Evidence

• Illegal Search and Seizure: Argue that evidence was obtained in violation of the Fourth Amendment’s protection against unreasonable searches and seizures.
• Inadmissible Hearsay: Challenge the admissibility of out-of-court statements offered to prove the truth of the matter asserted.
• Insufficient Evidence: Argue that the prosecution’s evidence is insufficient to prove guilt beyond a reasonable doubt.
• Entrapment: Demonstrate that law enforcement induced the defendant to commit a crime they would not have otherwise committed.

Constitutional Challenges

• Vagueness: Argue that the RICO statute is unconstitutionally vague, failing to provide adequate notice of what conduct is prohibited.
• Overbreadth: Challenge the statute as overbroad, encompassing protected First Amendment activities.
• Double Jeopardy: If a defendant has already been prosecuted for the predicate offenses, a RICO prosecution may be barred by the Double Jeopardy Clause in certain circumstances.

Plea Bargaining

• Negotiating a Lesser Charge: In some cases, it may be possible to negotiate a plea bargain to a lesser charge, avoiding the harsh penalties of a RICO conviction.
• Cooperating with the Prosecution: Defendants may consider cooperating with the prosecution in exchange for a reduced sentence or immunity from prosecution.

The Importance of Experienced Legal Representation

RICO cases are among the most complex and challenging in criminal law. The intricacies of the statutes, the vast amount of evidence often involved, and the severe penalties at stake demand the expertise of a seasoned criminal defense attorney.

Why Choose Brett M. Rosen, Esq.?

Brett M. Rosen, Esq., is a highly regarded criminal defense attorney with extensive experience handling complex RICO cases in New Jersey. He possesses a deep understanding of both state and federal RICO laws and has a proven track record of success in defending clients against these serious charges.

• In-Depth Knowledge: Mr. Rosen stays abreast of the latest developments in RICO law, ensuring that his clients benefit from the most current and effective legal strategies.
• Aggressive Advocacy: He is a tenacious advocate, dedicated to protecting his clients’ rights and fighting for the best possible outcome.
• Strategic Approach: Mr. Rosen meticulously analyzes the evidence, identifies weaknesses in the prosecution’s case, and develops tailored defense strategies designed to achieve favorable results.
• Personalized Attention: He understands the stress and anxiety that accompany RICO charges and provides compassionate and personalized attention to each client, guiding them through every step of the legal process.

What to Expect When You Hire Brett M. Rosen, Esq.

• Thorough Investigation: Mr. Rosen and his team will conduct a thorough investigation of the facts and circumstances surrounding the charges, leaving no stone unturned.
• Evidence Review: He will meticulously review all evidence, including financial records, communications, and witness statements, to identify any potential defenses.
• Legal Research: Mr. Rosen will conduct in-depth legal research to develop innovative and persuasive legal arguments.
• Motion Practice: He will file appropriate motions to suppress evidence, dismiss charges, or obtain other favorable rulings.
• Negotiation: Mr. Rosen is a skilled negotiator and will explore all opportunities for plea bargaining or other resolutions that minimize the potential consequences for his clients.
• Trial Representation: If a trial is necessary, Mr. Rosen is a seasoned trial attorney who will vigorously defend his clients in court.

Frequently Asked Questions (FAQs) about RICO Charges in New Jersey

What is RICO?

RICO stands for the Racketeer Influenced and Corrupt Organizations Act. It is a set of federal and state laws designed to combat organized crime by criminalizing participation in an enterprise through a pattern of racketeering activity.

What is an “enterprise” under RICO?

An “enterprise” can be any individual, partnership, corporation, association, or other legal entity, as well as any union or group of individuals associated in fact, although not a legal entity. This definition is broad and can include both legitimate businesses and criminal organizations.

What is “racketeering activity”?

Racketeering activity refers to a list of specific crimes, known as predicate offenses, that are enumerated in the RICO statutes. These offenses include various forms of theft, fraud, violence, drug offenses, and other serious crimes.

What is a “pattern of racketeering activity”?

A “pattern” generally requires at least two acts of racketeering activity within a ten-year period. These acts must be related to each other and to the enterprise and must pose a threat of continued criminal activity.

What are the penalties for a RICO conviction in New Jersey?

Penalties for a New Jersey RICO conviction can include up to 20 years in prison, substantial fines, forfeiture of assets, and restitution to victims.

Additional FAQs

What are the penalties for a federal RICO conviction?

Federal RICO convictions can carry even harsher penalties, including up to 20 years in prison (or life imprisonment in some cases), significant fines, and forfeiture of assets.

Can I be charged with both state and federal RICO violations for the same conduct?

In some cases, yes. However, the Double Jeopardy Clause of the Fifth Amendment may provide some protection against multiple prosecutions for the same offense. Legal complexities arise when both state and federal authorities have jurisdiction.

What are some common defenses to RICO charges?

Common defenses include challenging the existence of an enterprise, the pattern of racketeering activity, or the defendant’s connection to the enterprise. Other defenses may involve challenging the admissibility of evidence or raising constitutional challenges to the RICO statute.

Can I sue someone under RICO in civil court?

Yes, both New Jersey and federal RICO laws allow for civil lawsuits. Victims of RICO violations can sue for treble damages (three times their actual losses) and attorneys’ fees.

What should I do if I am facing RICO charges?

If you are facing RICO charges, it is crucial to contact an experienced criminal defense attorney immediately. Do not speak to law enforcement without an attorney present. An attorney can protect your rights, investigate the charges, and develop a strong defense strategy.

Protecting Your Rights and Future

Facing RICO charges is an extremely serious matter with potentially life-altering consequences. The complexities of state and federal RICO laws, combined with the aggressive tactics often employed by prosecutors, make it imperative to have a skilled and experienced criminal defense attorney on your side.

Brett M. Rosen, Esq., has dedicated his career to defending the rights of individuals accused of serious crimes, including RICO violations. He understands the intricacies of these laws and has a proven track record of success in achieving favorable outcomes for his clients.

If you or someone you know is facing RICO charges in New Jersey, do not hesitate to contact the Law Offices of Brett M. Rosen, Esq., for a confidential consultation. Mr. Rosen will listen to your side of the story, explain your rights, and provide an honest assessment of your case. He will then work tirelessly to develop a comprehensive defense strategy tailored to your specific circumstances.

Your future is too important to leave to chance. Contact Brett M. Rosen, Esq., today at 908-312-0368 or email him at brett@nynjcriminalcivilesq.com to schedule your free consultation. Let us fight for you.

Disclaimer: This website content is for informational purposes only and should not be considered legal advice. Contact a qualified attorney, like Brett M. Rosen, Esq., to discuss your specific legal situation. The information provided here may not be up-to-date and may not apply to your jurisdiction. Prior results do not guarantee a similar outcome.