Florida's RICO (Racketeer Influenced and Corrupt Organization) Act
Florida's RICO (Racketeer Influenced and Corrupt Organization) Act refers to participating in an enterprise through a pattern of racketeering. Florida's RICO Act closely mirrors the Federal RICO Act, although important differences exist. RICO prosecutions often involve complicated and voluminous wire tap evidence and financial records.
Contact the criminal defense attorneys at the Sammis Law Firm to discuss any investigation involving a violation of Florida's RICO Act, including gang, drug trafficking and other types of allegations involving organized crimes in the greater Tampa Bay area including Hillsborough County, Bartow in Polk County, New Port Richey and Dade City in Pasco County, and St. Petersburg and Clearwater in Pinellas County, FL.
Florida's RICO or Racketeering Act
A violation of Florida's RICO act alleges participating in an enterprise through a pattern of racketeering is a first degree felony punishable by 30 years in Florida State Prison. The prosecutor for the State Attorney's Office must provide the following element beyond all reasonable doubt:
- The person arrested for racketeering was associated with an enterprise;
- The person arrested for racketeering either directly or indirectly participated in the enterprise by engaging in at least two incidents of "racketeering activity;" and
- For those incidents in which the person arrested for racketeering was engaged, at least two of them had either similar or the same types of the following:
a. victims;
b. intents;
c. results;
d. accomplices;
e. methods of commission; or
f. were interrelated by distinguishing characteristics which were not isolated incidents.
Definition of "Racketeering Activity" Under Florida Law
Florida law defines "racketeering activity" as committing, attempting to commit, conspiring to commit, soliciting to commit, coercing to commit, or intimidating another person to commit and of the criminal charges listed in Florida Statute Section 895.02(1)(a) that could be charged by information, indictment, or petition.
Proving RICO Does Not Necessarily Require an Economic Motivation
The prosecutor is not required to prove that any of the predicate acts nor the RICO enterprise itself involved any underlying economic motivation. The charging document is not required to identify the relationship between the defendants and the crimes alleged on its face.
Statute of Limitations for RICO Violations under Florida Law
At least one of the predicate acts forming the pattern of racketeering activity must have commenced or began within five (5) years after the cause of action accrues or the conduct terminates. At least two of the predicate incidents forming the pattern of racketeering activity must have occurred within five years of each other.
Finding a RICO or Racketeering Defense Attorney in Tampa, FL
Contact a criminal defense attorney at the Sammis Law Firm to discuss any alleged RICO violation in Tampa, Hillsborough County, Florida, or any of the surrounding areas in central Florida.