The danger of a conspiracy charge
Organized-crime charges — conspiracy, RICO, criminal enterprise — have one feature that makes them especially dangerous: you can be charged for acts you did not personally commit, simply because of your alleged connection to a group. The State doesn't have to prove you carried out every offense; it tries to prove you were part of an agreement or a "pattern" of activity.
Both Florida and the federal government have RICO laws, and the penalties are severe — in Florida, a RICO charge is a first-degree felony, punishable by up to 30 years in prison, on top of asset forfeiture.
In these cases, your exact role is everything. Being near a group is not the same as being part of a criminal enterprise. Much of the defense is about separating you from the rest.
How I defend these cases
- Attack the "enterprise" and the "pattern." RICO requires the State to prove a structure and a series of related acts. Those elements can be challenged.
- Define your real role. I work to separate your conduct from that of the other defendants and show what you actually did — and what you didn't.
- Conspiracy and withdrawal. Knowing someone isn't enough; there has to be an agreement. And there are defenses such as withdrawal from the conspiracy.
- The evidence. These cases rely on wiretaps, informants, and surveillance. All of it can be challenged when it was obtained illegally.
Cases I handle in this area
- State and federal RICO
- Conspiracy
- Money laundering
- Extortion and blackmail
- Public corruption
- Firearm charges
- Drug-trafficking enterprises
Frequently asked questions
Can I be charged for something someone else did?
In a conspiracy or RICO case, the State may try to hold you responsible for acts of other members of the alleged group. That’s why the defense focuses on your actual role and on breaking the theory that you were part of a criminal enterprise.
What is RICO?
It’s a law, state and federal, designed to go after people who take part in a pattern of criminal activity through an “enterprise.” It allows many offenses to be grouped into one large case, with severe penalties and asset forfeiture.
I just knew these people. Does that make me guilty?
No. Knowing someone, or being present, is not the same as agreeing to commit crimes. The State has to prove an agreement and your participation, and often it cannot.
Can they take my property?
In organized-crime cases the government often seeks forfeiture of property it considers tied to the activity. Defending that property is part of the case, and it’s best to act early.