What’s Georgia criminal defense protocol when facing federal RICO charges?
Racketeering charges can arise under federal law as well as Georgia’s own RICO provisions, and where federal RICO charges are involved, the matter proceeds in federal court under federal standards. Understanding the structure of such charges is central to addressing them.
RICO rests on a pattern of activity. RICO charges generally involve an enterprise and a pattern of racketeering activity made up of predicate offenses, so the existence of a genuine pattern and the connection of a person to it are central. Whether the alleged conduct forms the required pattern is examined.
The connection to an enterprise is examined. RICO involves conducting or participating in the affairs of an enterprise through a pattern of racketeering, so a person’s relationship to the alleged enterprise can be significant. Whether a person was genuinely connected to an enterprise, as opposed to acting independently, is relevant.
The predicate offenses are scrutinized. Because a RICO charge is built on underlying predicate offenses, the strength of the evidence for those offenses, and whether they form the required pattern, can be contested. The foundation of predicate acts supporting the charge is examined here, since a weakness in the underlying offenses can undermine the pattern on which the entire charge depends.
Addressing a federal RICO charge generally involves examining the alleged pattern of racketeering, the connection to an enterprise, and the predicate offenses. The reality of the pattern, the relationship to any enterprise, and the strength of the predicate acts are the considerations central to such a case, which proceeds under federal procedure.