Criminal Defense Investigators Ohio - Nationwide Support
We provide criminal defense support for fraud cases - RICO Defense, organized crime and corporate-white collar crime.
Summary
The Racketeer Influenced and Corrupt Organizations Act, often referred to as the RICO Act, or RICO is a U.S. federal law which prohibits a person or group of persons (organized crime) from committing any two of thirty-five crimes; twenty-seven federal crimes and eight state crimes within a ten year period of time, and in the opinion of the U.S. Attorney bringing the case, has committed those crimes with similar purpose or results. Individuals suspected of violating this law can be charged with racketeering.
The RICO Act covers extortion and blackmail. However, one of the most successful applications of RICO law has been to indict or sanction individuals for their behavior and actions committed against witnesses and victims in alleged retaliation orretribution for cooperating with law enforcement agencies.
When the U.S Attorney decides to indict an individual under RICO, he has the option of seeking a pre-trial restraining order or injunction to prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond. The intention of this provision is to force a defendant to plead guilty prior to the indictment.
RICO - Civil Law Suits
There is a provision which allows private parties to sue. A "person damaged in his business or property" can sue one or more "racketeers". There must be an enterprise. The defendant(s) are not the enterprise, in other words, the defendant(s) and the enterprise are not one in the same. The defendant must have conducted the affairs of the enterprise through a pattern of racketeering activity. There must be one of four specified relationships between the defendant(s) and the enterprise. This lawsuit, like all Federal civil law suits, may be filed in either Federal or State Court.
Racketeering Activity is:
Any act or threat involving gambling, murder, kidnapping, arson robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), which is changeable under state law and punishable by imprisonment for more than one year; Any act which is indictable under a wide variety of specific provisions of title 18 of the United States Codes relating to bribery, counterfeiting, theft, embezzlement, fraud, obscene matter, obstruction of justice, slavery, racketeering gambling, money laundering, commission of murder for hire, etc. Any act indictable under title 29 of the United States Code, section 186 (dealing with restrictions on payments and loans to labor organizations) or section 501 (c) (embezzlement from union funds), Any offense involving fraud connected with a case under title 11 of the United States Code (except a case under section 157 of this title), fraud in the sale of securities, or the felonious manufacturer, importation, receiving, concealment buying, selling or otherwise dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), punishable under any law of the United States. Any act which is indictable under the Currency and Foreign Transactions Reporting Act. Any act which is indictable under the Immigration and Nationality Act, section 274 (related to bringing in and harboring certain aliens), section 277 (aided or assisting certain aliens to enter the United States), or section 278 (importation of alien for immoral purpose) if the act under such section of such Act was committed for the purpose of financial gain, or Any Act that is indictable under any provision listed in section 2332b (g) (5) (B) of the United States Code.
Criminal Defense Investigation
In general terms, the initial investigation is broken down into three phases. These phases are described below and may not apply to each individual investigation. These phases may or may not complete the investigation. It is not possible to determine an absolute or "definite" investigative plan during the initiation of a complex fraud investigation. There is a potential that new information may develop and the direction of the defense may change.
PHASE 1
We review all existing evidence, files and reports.
We conduct an extensive interview with the client so that we completely understand all of the nuances of the case as well as the relationship between the different participants.
We begin the initial interfacing of all of the information into a spreadsheet from all sources and determine what is missing, what needs to be subpoenaed and who needs to be interviewed.
One of the most important steps is to scrutinize government audio recordings. There is much that can be discerned from consensual recordings, undercover recordings and wire taps. Conversations involving undercover agents may reveal comments that can be used against them in the area of entrapment. We strongly recommend that we transcribe the recordings with indexing for easier reference by the client, counsel and us.
PHASE 2
We begin to build a matrix of all of the information in the forms of facts, conjecture and missing elements. The matrix is color coded for easy viewing and study. The matrix is like a jigsaw puzzle with "x" number of missing pieces. We can determine which missing pieces would most benefit counsel in building the defense and which elements the government has intentional or accidentally overlooked.
We fill the matrix to the best of our ability to aid in the defense. We analyze each piece of the matrix to determine how they fit into the governments case and how they impact on reaching the standard of beyond a reasonable doubt.
During this phase dozens of new pieces begin to fall into place. It is often the small details that eventually become a key defense factor.
PHASE 3
Putting it all together is the final phase. The entire package is presented to counsel. If requested by counsel, we will develop a PowerPoint Presentation and / or additional exhibits to be utilized at the trial. Our main purpose at this point is to assist counsel in any manner which they deem appropriate.
There is no charge for an initial consultation.
Please contact our office if you have any questions.
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