Federal RICO Violations Attorneys – Michigan CCE Lawyers
Federal Prosecutions in Michigan
If you are being investigated for Federal RICO violations by federal officials such as the FBI or other Homeland Security Agents, you should immediately contact the Federal Defense Team at The Kronzek Firm PLC. Federal prosecutions can be based upon investigations from a variety of law enforcement agencies in the federal government, state government or joint task forces.
About Federal CCE – Racketeering Law
Racketeering legislation was originally designed to target mob activity. However, it has moved far beyond that and is used today a a powerful prosecution tool for all types of criminal activity that is not associated with mob activity.
The Continuing Criminal Enterprise (“CCE”) statute is located at 21 U.S.C. § 848. This is a federal law that targets large-scale drug trafficking and drug conspiracies. This is distinguished from being charged under the Racketeer Influenced and Corrupt Organizations Act (RICO), which covers a much wider range of organized criminal enterprises. An individual may be charged with a drug trafficking and drug conspiracy offense under RICO. However, typically, these offenses are prosecuted under the federal CCE provision. Additionally, a person could also be charged under state law for racketeering .
To prove that a person committed a Continuing Criminal Enterprise, federal prosecutors—also known as Assistant U.S. Prosecuting Attorneys, or AUSAs—must prove beyond a reasonable doubt that the person:
- committed a continuing series of at least three or more of the drug offenses alleged; and
- committed the offenses while acting in concert with five or more other persons; and
- acted as an organizer, supervisor, or manager of those five or more other persons; and
- obtained substantial income or resources from the offenses.
Generally speaking, in order to convict a defendant of a CCE offense, the jury must unanimously agree not only that some “continuing series of violations” occurred, but also on which specific drug incidents made up the series of violations. Beyond this, the series of drug offenses must be continuing and related to each other somehow. Therefore, isolated acts are not enough. The acts must be related and within a specific period of time.
What are the Penalties for a Continuing Criminal Enterprise?
Imprisonment and Fines
A person convicted of a CCE offense faces harsh penalties. The minimum term of imprisonment for this offense is 20 years in prison. If the defendant already has a prior conviction for CCE, he or she could face 30 years in prison. A person could be required to pay fines up to $10 million dollars depending on different factors.
Additionally, under the “super kingpin” provision criminal defendants could face mandatory life imprisonment or the death penalty. Mandatory life imprisonment occurs if a person leads, organizes, or is a principal administrator of a criminal enterprise (or one of many leaders, organizers, or principal administrators); and, the enterprise involves a large enough quantity of narcotics—as outlined by federal law—that indicate drug trafficking; and finally, the enterprise this individual leads, organizes, or is a principal administrator for, received $10 million dollars in gross receipts in any 12-month period for the manufacturing, importation, or distribution of drugs. The federal death penalty results if an individual kills another person (or orders another person killed) in the furtherance of the continuing criminal enterprise or in avoiding arrest or prosecution.
Forfeiture of Property
Many people do not realize is that the federal government can seize a person’s property under the federal criminal forfeiture laws. The property that can be seized includes any property that the defendant obtained as a result of the crime, any property used to commit the crime, real property associated with the criminal enterprise, and more. Criminal forfeiture is a complex concept that requires the advice of a skilled federal defense attorney. Contact us today to find out what property can be affected. There are remedies available under the forfeiture law if you are an innocent party and you have property linked to a continuing criminal enterprise.
Get Some Peace of Mind with Our Experienced Legal Representation
Continuing Criminal Enterprises is a crime that can have grave consequences for those affected. Therefore, it is vital to have legal representation from an attorney that has experience defending federal criminal cases. We practice in federal courts in both the Eastern District and Western District of Michigan. Our highly experienced lawyers will analyze your case, weighing out all of the evidence. We will identify any legal or factual defenses, and challenge any portions of the law that are unclear or undefined.
This is a highly complex crime—and this provided information is merely the tip of the proverbial iceberg. Call The Kronzek Firm for a free consultation at (866) 7-NoJail!. Our attorneys are available to help you with your case today. Get the aggressive defense you deserve.