Facing RICO charges in San Diego? A RICO indictment is one of the most serious charges in the federal system — carrying mandatory forfeiture, civil liability, and pre-trial asset freezes. Attorney Anton Vialtsin at LAWSTACHE Law Firm defends clients against federal RICO charges in the Southern District of California. Call 619-357-6677 immediately.
San Diego RICO Attorney — 18 USC 1962 Defense
The Racketeer Influenced and Corrupt Organizations Act — 18 U.S.C. § 1962 — was originally designed to prosecute organized crime. However, federal prosecutors now use RICO broadly against businesses, organizations, and individuals alleged to have participated in a pattern of criminal activity. Therefore, a RICO charge can sweep in defendants who played minor roles in a larger alleged enterprise.
Furthermore, RICO is a conspiracy statute — meaning defendants can be held responsible for the acts of co-conspirators even if they did not personally commit those acts. In addition, RICO carries mandatory forfeiture of all interests in the enterprise and can trigger civil treble damage lawsuits from victims. As a result, the financial consequences of a RICO charge extend far beyond the criminal case itself.
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What the Government Must Prove for a RICO Conviction
RICO is complex — requiring the government to prove multiple elements beyond a reasonable doubt. Therefore, each element is a potential point of attack for the defense.
The Four Elements of RICO Under 18 USC 1962(c)
- 1. An enterprise: Any individual, partnership, corporation, association, or group of individuals
- 2. Interstate commerce: The enterprise affects interstate or foreign commerce
- 3. Association: The defendant was employed by or associated with the enterprise
- 4. Pattern of racketeering: At least two predicate offenses within 10 years, related to each other and the enterprise
Challenging the Pattern Requirement
The government must prove a pattern of racketeering — not just isolated criminal acts. Therefore, Anton Vialtsin challenges whether the alleged predicate offenses are sufficiently related and continuous to constitute a RICO pattern. Successfully defeating the pattern element defeats the entire RICO charge.
Challenging the Enterprise
The government must prove a qualifying enterprise exists and that the defendant was associated with it. In addition, Anton Vialtsin challenges the scope of the alleged enterprise and whether the defendant’s involvement rises to the level required for RICO liability.
Fighting Pre-Trial Asset Freezes
RICO authorizes the government to freeze assets before trial. Furthermore, this can severely limit your ability to fund your own defense. Anton Vialtsin challenges pre-trial asset restraining orders to protect access to your financial resources.
Related Federal Charges
RICO charges are almost always accompanied by the underlying predicate offense charges:
See our main San Diego Federal Criminal Defense page for more information.
Free Consultation — San Diego RICO Defense
Call 619-357-6677 to speak directly with federal defense attorney Anton Vialtsin. Free consultation — weekdays and weekends.
Frequently Asked Questions — RICO Charges San Diego
What is a RICO charge under 18 USC 1962?
RICO prohibits using a pattern of racketeering activity to conduct or participate in an enterprise affecting interstate commerce. It requires at least two predicate offenses within 10 years and carries mandatory forfeiture and civil treble damage liability.
What crimes count as RICO predicate offenses?
RICO predicates include drug trafficking, wire fraud, mail fraud, bank fraud, money laundering, bribery, extortion, and dozens of other state and federal crimes. A pattern of at least two such offenses within 10 years is required.
Can I be convicted of RICO without personally committing the predicate crimes?
Yes. As a conspiracy statute, RICO holds defendants responsible for acts of co-conspirators in furtherance of the enterprise. Even peripheral participants can face prosecution for the most serious acts of others.
Can legitimate businesses be prosecuted under RICO?
Yes. RICO applies to legitimate businesses used as vehicles for racketeering, not just criminal organizations. Business owners and executives can face RICO charges even without full knowledge of the criminal activity.
Our Office — San Diego RICO Defense
Address: 185 West F Street, Suite 100-D, San Diego, CA 92101
Phone: 619-357-6677
Hours: Weekdays and weekends by appointment.