RICO Defense Attorneys in New York & New Jersey

Facing RICO Charges? Protect Your Rights, Assets, and Freedom.

The Racketeer Influenced and Corrupt Organizations Act (RICO) was originally created to prosecute organized crime, but today it is applied far more broadly. Both federal prosecutors and state authorities in New York and New Jersey use RICO statutes to pursue individuals and businesses accused of being involved in a “criminal enterprise.” Because RICO cases often involve multiple alleged crimes, convictions can result in decades in prison, massive fines, and asset forfeiture.

What Is RICO?

RICO laws target patterns of criminal activity connected to an enterprise. To be convicted under RICO, prosecutors must prove:

  1. The existence of an enterprise (such as a business, group, or association).
  2. A pattern of racketeering activity (at least two qualifying crimes within ten years).
  3. The defendant’s participation in, or benefit from, the enterprise through illegal acts.

“Racketeering activity” can include a wide range of offenses, such as:

  • Fraud (mail, wire, securities, or bank fraud)
  • Money laundering
  • Extortion or bribery
  • Drug trafficking
  • Weapons offenses
  • Gambling operations
  • Violent crimes, including murder or assault

RICO Laws in New York & New Jersey

  • New York: Enterprise Corruption is prosecuted under Penal Law §460, which mirrors many federal RICO provisions. It is a Class B felony, punishable by up to 25 years in prison and substantial fines.
  • New Jersey: The state’s RICO statute (N.J.S.A. §2C:41) also imposes severe penalties. First-degree convictions can carry 10–20 years in prison and fines of up to $200,000, along with asset forfeiture.

Federal RICO Penalties

Under federal law (18 U.S.C. §1961–1968), penalties can include:

  • Up to 20 years in prison per count (life in prison if based on certain underlying crimes).
  • Fines up to $250,000 or twice the amount of the illegal proceeds.
  • Asset forfeiture, including seizure of homes, vehicles, businesses, and financial accounts.

Collateral Consequences

In addition to imprisonment and fines, RICO convictions can result in:

  • Permanent loss of assets and property
  • Professional disqualification from many industries
  • Immigration removal proceedings for non-citizens
  • Long-term damage to reputation, family, and financial stability

Defense Strategies

RICO cases are notoriously complex, but there are many ways to challenge them, including:

  • Arguing that no true “enterprise” exists under the law
  • Disputing whether the alleged acts qualify as racketeering activity
  • Challenging the claim that a “pattern” of activity occurred
  • Attacking wiretap, surveillance, or search evidence as unconstitutional
  • Demonstrating lack of intent or peripheral involvement
  • Contesting conspiracy allegations that attempt to tie defendants to crimes committed by others

Why Skilled Representation Is Critical

RICO cases are built with vast amounts of evidence, including wiretaps, financial records, witness testimony, and surveillance. Prosecutors dedicate enormous resources to these cases, often working with federal agencies such as the FBI, DEA, and IRS. A conviction can destroy your finances, your freedom, and your future. Having a defense attorney experienced in RICO prosecutions in New York and New Jersey is essential to challenging the government’s case and protecting your rights.