Federal RICO Charges Requires an Agreement
Agreeing to Conduct the Affairs of the Enterprise
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Federal RICO Agreement
Agreeing to participate in a criminal enterprise is a key component of any federal RICO charge. One way that this element of federal racketeering can be proven is with evidence that the defendant agreed that he or she would have some part of directing the enterprise. Another way is to show that the defendant intentionally performed acts, functions, or duties, which were necessary or helpful in the operation of the enterprise.
Significant Control of the Enterprise is Not Required for a Federal RICO Conviction
An important part of a RICO agreement is that it is not required for the United States Attorney to prove that the defendant exercised significant control of the enterprise. As with all of the federal RICO elements, a limited amount of participation can still be enough to charge for racketeering.
There are Many Defenses Available to Challenge the Association Element of a Federal Racketeering Charge
The agreement element in a RICO case offers opportunities for the defense to challenge the Government’s case. For example, arguing that the defendant had no control of the enterprise and that their actions were independent. A prime case of this would be a defendant selling drugs to somebody else who is a member of the enterprise. It is irrelevant that the defendant sold the drugs in a RICO case because the buy/sell relationship was independent of an agreement to participate in the enterprise.
We are Michigan Criminal Lawyers Who Concentrate their Practice in Federal Court handling Federal RICO Cases
If you are charged with a federal RICO case in Michigan, contact us and we’ll figure out how to fight your case.