New Jersey RICO Attorneys Ready To Defend Against Federal Charges

Any criminal charge can hurt your life. However, a RICO charge is a complex issue with extreme consequences. Meant to deter organized criminal activities, RICO charges can also be brought against New Jersey businesses and individuals.

At Bastarrika, Soto, Gonzalez & Somohano, L.L.P., our RICO attorneys will work fiercely to analyze a legal issue and defend clients from RICO charges. We understand the complexity of federal offenses and the severity of potential convictions and have successfully defended clients in Woodland Park and throughout Hudson, Morris and Essex counties since 2000.

Understanding The Racketeer Influenced And Corrupt Organizations Act (RICO)

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law violation targeting criminal activities related to acts of organized crime, specifically focusing on racketeering. Racketeering is not just one crime but an umbrella term that covers a wide range of crimes, including:

• Murder
• Arson
• Gambling
• Bribery
• Robbery
• Drug trafficking
• Wire Fraud
• Obstruction of justice
• Money laundering
• Illegal immigration
• Extortion
• Conspiracy

A defendant convicted of racketeering may face enhanced criminal punishments under RICO, including fines of $250,000 or more and 20 years in prison.

Federal Racketeering: The Implications Of A Felony Charge

A felony charge can also have a long-term impact on your career – even after you have served your time or paid your fines. A felony conviction goes on your record for life. This can permanently shut the doors to a career that you may have had prior to the felony charge.

For instance, if you face allegations of racketeering and are then convicted, it becomes illegal for you to own or possess a firearm. Perhaps you were considering a career in the military or in law enforcement, where carrying a firearm would be a necessity. Your felony charge would entirely bar you from being able to pursue this career.

In other cases, employers are going to run a background check. It may not technically be impossible for you to get a certain job with a felony on your record, but these jobs are competitive, and employers are wary of those who have a long-term criminal record. If two people apply for a position and have roughly the same experience, abilities and educational background, but one person has a felony on their record and the other does not, employers are more likely to hire the person who does not have the criminal record. In this sense, the consequences for racketeering can follow you for the rest of your career, no matter what industry you work in.

Another thing to consider is if you need a specific license in order to work in that career. For instance, you may need a nursing license, a teaching license, a license to practice law or even a commercial driver’s license. It is very common for these licenses to be suspended or revoked after criminal charges. If you apply for the license but have a felony on your record, your application may be denied. This means that you cannot even move beyond the licensing stage and begin applying for jobs. It would simply be impossible for you to start working in this industry because you wouldn’t have the necessary license to begin with.

Because of these long-term consequences and the way they can affect your career and your potential earnings, it is very important to understand all of your legal defense options when facing racketeering charges. You need to consider your defense options, the investigative techniques that the prosecution may use and exactly how the law applies to your case.

Defending Against Racketeering Charges

Our criminal defense lawyers must understand the kind of racketeering accusation a client faces and the circumstances that led to it. We can examine a racketeering accusation, analyze the evidence brought against a client and strategize an impregnable defense that argues for reduced penalties.

Our mission is to protect your legal rights, which can only be done by consulting with one of our lawyers. You can bet that the government is already working hard on your case to secure a conviction, so you need representation even if formal charges have yet to be filed.

Common Defenses Against RICO Charges And Racketeering Allegations

Defending against federal RICO charges requires a detailed understanding of how prosecutors build these cases and where they are vulnerable. The RICO Act was designed to target ongoing criminal enterprises, not isolated or loosely connected conduct. As a result, the government must meet several strict legal elements under the RICO statute, and failure to prove even one can undermine the entire case.

One common defense focuses on challenging the alleged pattern of racketeering activity. Prosecutors must show at least two qualifying acts of racketeering activity that are related and demonstrate continuity over time. If the alleged acts are unrelated, sporadic or too remote from one another, the required pattern may not exist. Many cases hinge on whether the government can truly establish this continuity rather than relying on isolated incidents.

Another key strategy involves disputing the predicate acts themselves. RICO violations are built on underlying offenses such as fraud, bribery, extortion or conspiracy. If the defense can show that one or more of these alleged acts did not occur, do not meet statutory definitions or lack sufficient proof, the RICO charge may collapse. Weaknesses in witness credibility, documentation or forensic evidence often become critical at this stage.

Defense counsel may also challenge the actual existence of a criminal enterprise. The government must prove that a structured organization existed with a common purpose, ongoing relationships and coordinated activity. Simply associating with others or conducting business transactions is not enough. If the alleged enterprise lacks structure or longevity, this element of the RICO statute may fail.

Lack of intent is another powerful defense. RICO charges require proof that the defendant knowingly participated in the enterprise’s affairs through racketeering conduct. Demonstrating that a defendant acted without criminal intent, or was unaware of any illegal objectives, can significantly weaken the prosecution’s case.

Finally, many defenses focus on how the evidence was obtained. Federal investigations often involve wiretaps, electronic surveillance, informants and search warrants. If evidence was gathered improperly or in violation of constitutional protections, it may be excluded. Suppressing critical evidence can dramatically change the direction of a case.

Because RICO allegations are highly fact-specific, a skilled criminal defense attorney plays a central role in evaluating the government’s theory, identifying weaknesses and building a defense strategy tailored to the specific RICO violations alleged.

Why You Need Bastarrika, Soto, Gonzalez & Somohano, L.L.P.

Our attorneys at Bastarrika, Soto, Gonzalez & Somohano, L.L.P., will aggressively protect your legal rights and present you with the best defense possible against RICO charges. To learn more, reach out to our criminal defense attorneys by calling 973-370-0997 or emailing us today. We provide free consultation on all criminal matters.