Federal Racketeering Sentences are the Most Serious in the Federal Criminal Justice System
Punishment for a Federal RICO Conviction
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Potential Racketeering Punishments
A misunderstood part of a federal racketeering case is what is the individual charged facing. On its face, a RICO charge carries with it the possible maximum of twenty years imprisonment. There is no floor on the possible sentence for a base RICO charge, meaning there is no mandatory minimum.
The Government Enhances RICO Cases
However, the Government rarely just charges a base RICO against somebody. Instead, one charged with a RICO can either face the twenty year maximum, or be held responsible for the underlying crime. If the underlying crime carries with it a potential higher sentence, then that is what the Court can impose. These are called RICO enhancements and can be found in the Indictment.
The Jury Must Find the RICO Enhancements Beyond a Reasonable Doubt
If charged with a RICO enhancement, then the Government will have to prove to the jury beyond a reasonable doubt that the defendant committed the underlying crime. For example, if one of the RICO predicate acts is a murder, then if the jury finds the defendant guilty of that murder, then they can get life in prison, or even the death penalty. We have worked on numerous death eligible RICO cases and it doesn’t matter if the murder happened in Michigan or not because federal law allows for the death penalty.
Given the seriousness of RICO enhancements, it is imperative that your lawyer understands these issues and can properly challenge them. Because of this, contact us today to discuss your options.