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Florida Racketeering Influenced and Corrupt Organization (RICO) Act

Florida Racketeering Influenced and Corrupt Organization (RICO) Act

The term racketeering stems from the illegal businesses or operations run by a criminal organization or group of people. While alleged offenders may be federally prosecuted under the Racketeer Influenced and Corrupt Organizations (RICO) Act (18 U.S. Code §§ 1961–1968), Florida also has its own RICO Act for state racketeering charges.

Because racketeering involves criminal activity, people accused of this offense frequently face charges for additional crimes. Convictions can potentially result in decades in prison as well as enormous fines.

Florida RICO Act Lawyer in Pensacola

Do you believe that you may be under investigation or have you already been arrested for alleged racketeering activity in Florida? Do not make any kind of statement to investigators or authorities without legal representation.

John Terrezza of Terrezza Law is a Pensacola criminal defense attorney who aggressively defends clients in Escambia County and Santa Rosa County. He can provide an honest and thorough evaluation of your case to help you understand all of your legal options as soon as you call (850) 764-5291 to schedule a free consultation.

Overview of Racketeering Crimes in Escambia County

Florida RICO Act Definitions

Florida Statute § 895.02(1) defines racketeering activity as being any conduct defined as racketeering activity under federal law in 18 U.S. Code § 1961(1) or offenses relating to any one of the following crimes under state law:

Abuse, neglect, or exploitation of an elderly person or disabled adult;
Arson and criminal mischief;
Assault and battery;
Beverage law enforcement;
Bribery and misuse of public office;
Burglary and trespass;
Commercial sexual exploitation of children;
Commission of crimes by accessories after the fact;
Computer-related crimes;
Creation of a fictitious employer scheme to commit reemployment assistance fraud;
Crimes involving contraband and adulterated drugs;
Criminal gangs;
Distribution of medicinal drugs without a permit as an internet pharmacy;
Dog racing and horse racing;
Drug abuse prevention and control;
Environmental control;
Evasion of payment of cigarette taxes;
Extortion;
Felony money transmitters;
Fighting or baiting animals;
Fleeing or attempting to elude a law enforcement officer and aggravated fleeing or eluding;
Forgery and counterfeiting;
Fraudulent practices, false pretenses, fraud generally, and credit card crimes;
Gambling, lottery, gambling or gaming devices, slot machines, or any of the provisions within chapter 849;
Homicide;
Interest and usurious practices;
Issuance of worthless checks and drafts;
Jai alai frontons;
Kidnapping or human trafficking;
Manufacture, distribution, and use of explosives;
Medicaid fraud;
Obscene literature and profanity;
Obstruction of justice;
Offenses related to financial transactions;
Operating an unauthorized multiple-employer welfare arrangement;
Perjury;
Prostitution;
Public assistance fraud;
Real estate timeshare plans;
Registration of persons found to have committed any offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang;
Reports of currency transactions, when such violation is punishable as a felony;
Representing or aiding an unauthorized insurer;
Sale of securities and investor protection;
Sexual battery (if alleged crime was committed with the intent to benefit, promote, or further the interests of a criminal gang, or for the purpose of increasing a criminal gang member’s own standing or position within a criminal gang);
Slot machine gaming;
Tampering with or harassing a witness, victim, or informant, and retaliation against a witness, victim, or informant;
Telemarketing;
Theft, robbery, and related crimes;
Transacting insurance without a certificate of authority;
Weapons and firearms; or
Workers’ compensation.

A pattern of racketeering activity is defined under Florida Statute § 895.02(4) as “engaging in at least two incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents.” The last such incident needs to have occurred within five years of a prior incident of racketeering conduct.

Racketeering Penalties in Pensacola

Under Florida Statute § 895.03, it is illegal for any person to:

Directly or indirectly use or invest any part of proceeds received with criminal intent, directly or indirectly derived from a pattern of racketeering activity, or through the collection of an unlawful debt to acquire any title to or any right, interest, or equity in real property or in the establishment or operation of any criminal enterprise;

Directly or indirectly acquire or maintain any interest in or control of any enterprise or real property through a pattern of racketeering activity or through the collection of an unlawful debt;

Directly or indirectly conduct or participate in any criminal enterprise the alleged offender is employed by or associated with through a pattern of racketeering activity or the collection of an unlawful debt; and

Conspire or endeavor to violate any of the provisions listed above.

Florida RICO Act violations are classified as first-degree felonies punishable by up to 30 years in prison. An alleged offender can also be ordered to pay a fine of up to $10,000 or a fine based on the pecuniary value derived or personal injury, property damage, or other loss caused by such violation—whichever is greater.

Florida Statute § 895.04 defines pecuniary value as anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage, or any other property or service that has a value in excess of $100. A fine may be up to three times the gross value gained or three times the gross loss caused, plus court costs and the costs of investigation and prosecution.

Florida RICO Act Resources

Florida RICO (Racketeer Influenced and Corrupt Organization) Act — View Chapter 895 of the Florida Statutes Offenses Concerning Racketeering and Illegal Debts. In addition to specific definitions, prohibited activities, and defenses, you can also learn about civil remedies and civil investigative subpoenas concerning these types of cases. Statutes in this chapter also explain RICO lien notices and the disposition of funds obtained through forfeiture proceedings.

Florida Standard Jury Instructions | Chapter 26: Racketeering — You can view the standard jury instructions used in Florida criminal cases involving racketeering on this section of the Florida Supreme Court’s website. The instructions cover eight specific charges for prohibited racketeering activities under Florida Statute § 895.03 and the Florida Money Laundering Act under Florida Statute § 896.101. It should be noted that standard instructions are rarely used verbatim, but these are the starting points for customization to each case’s factors.

Find a Lawyer for Racketeering Crimes in Pensacola, FL

If you have been arrested or suspect that you could be the target of a criminal investigation for alleged racketeering offenses in Florida, it is in your best interest to immediately retain legal counsel. Terrezza Law represents clients throughout the greater Pensacola area, including Gulf Breeze, Milton, and Pensacola Beach.

John Terrezza is a criminal defense attorney in Pensacola who handles all stages of cases involving white collar offenses and fraud crimes. Call (850) 764-5291 or submit an online contact form to receive a completely free initial consultation that will let our lawyer review your case and discuss your possible defenses.