What’s Georgia criminal defense protocol when facing federal RICO charges?

What’s Georgia criminal defense protocol when facing federal RICO charges?

A federal RICO charge is handled in federal court under 18 U.S.C. §§ 1961 to 1968, and there’s no Georgia “protocol” that replaces federal procedure. The law requires an enterprise, a pattern of at least two racketeering acts within ten years, and a link between the person and the enterprise.

Stages.

  1. Before charges. Target letter, grand jury subpoena, or a visit from agents. Counsel should handle contact. False statements are a crime, under 18 U.S.C. § 1001.
  2. Indictment and bond. Bail Reform Act, 18 U.S.C. § 3142. The government may seek detention.
  3. Asset restraint. Section 1963 allows forfeiture and pretrial freezing. Kaley v. United States (2014) limits the challenge when assets are needed to pay a lawyer.
  4. Discovery. Federal Rule 16, Brady, and Jencks. These cases come with huge volumes of records.
  5. Motions. Severance, suppression, and bill of particulars.
  6. Trial or plea. Up to 20 years per count, or life if the racketeering act carries life.
  7. Sentencing. Advisory Guidelines; 18 U.S.C. § 3553(a).

Defense issues.

  • Enterprise. Boyle v. United States (2009) sets a low bar: purpose, relationships, longevity.
  • Pattern. Sedima and H.J. Inc. require continuity.
  • Conduct. Reves v. Ernst & Young (1993) requires a part in directing the enterprise’s affairs for § 1962(c).
  • Predicates. Each must be a listed offense.

Georgia’s own RICO, O.C.G.A. § 16-14-4, is broader and doesn’t require an enterprise for every count. A state case can run alongside it.

General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.

Leave a Reply

Your email address will not be published. Required fields are marked *