Racketeering/ RICO

The Cochran Firm, with 21 locations nationwide

Racketeering is operating an illegal business for profit or engaging in a fraudulent scheme or enterprise. In general, racketeering is charged under the federal Racketeer Influenced and Corrupt Organizations Act (RICO), although some states have enacted similar laws.

Racketeering activity encompasses any number of criminal offenses-extortion, fraud, money laundering, federal drug offenses, murder, kidnapping, gambling, arson, robbery, bribery, counterfeiting, and embezzlement-connected with an "enterprise," defined as "any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity . . ."

Racketeering prosecutions and defenses usually revolve around very complicated legal issues. To ensure your defense, you need an attorney with experience in defending against racketeering charges. If you have been charged under RICO or a state racketeering law, or believe that such a charge may be imminent, contact the Cochran Firm Criminal Defense Section, P.C. for a free consultation.

Consequences for a conviction on the charge of Racketeering include:

  • Long-term imprisonment
  • Probation or parole
  • Loss of the right to be bonded which has serious consequences for employment
  • Payment of restitution to the victims
  • Significant fines above and beyond restitution
  • Forfeiture of assets
  • Other

You are more likely to receive stiffer sentences if:

  • You have prior convictions, especially for similar crimes
  • You are on probation or parole
  • Your community and court is in a mood to seriously punish this type of crime
  • Media gives strong negative attention to your case
  • You are unable to show mitigating/aggravating circumstances
  • You are a member of a racial minority
  • Other intangibles work against you

Defenses of Racketeering may potentially include:

  • Showing insufficient evidence
  • Proving factual innocence
  • Proving illegal or improper police procedure
  • Showing lack of knowledge of illegal activity
  • Other

What can you do to improve the outcome of your case?

  • Gather evidence of your good character by collecting reference letters and documenting employment history, community service, church affiliations, etc.
  • Always exercise your right to remain silent-speak only to those who you trust and have statutory confidentiality privilege: psychologist, spouse, attorney, clergy in the confessional
  • Retain qualified counsel immediately, even before charges are filed
  • Keep a written record of all significant events and potential witnesses
  • DO NOT investigate your own case: investigations by you can be seen as attempts to distort or conceal evidence

What can we do to help?

We use all the tools at our disposal to minimize or eliminate your case!

  • We form an early strategy for defense that focuses our research into the most profitable channels and gives us the jump on the prosecution
  • We begin independent investigations using private eyes to gather our own information to defend you
  • We interview police to fully understand the circumstances of the case.
  • We interview the prosecutor to fully understand their understanding of the case in order to counter their probable strategies
  • We interview all witnesses early to find profitable contradictions or inconsistencies or facts neglected by the police or prosecution that we can profitably exploit in your defense
  • We negotiate reduced bail or release on your own recognizance
  • We provide emotional support to you and your loved ones and ensure that you are continually updated as to the status of your case.
  • Whenever possible, we negotiate alternative sentences.
  • We obtain an evaluation report from a court-approved psychologist to utilize in your defense or in sentencing negotiations.
  • We administer a private lie detector test.
  • We research and develop appropriate motions to dismiss your case.
  • We research and develop appropriate motions to suppress evidence against you.

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