Law is not black or white, it's grey

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RICO Conspiracy to commit RICO Florida

CONSPIRACY TO COMMIT RICO IN FLORIDA, 895.03(3), FEDERAL RICO

In Florida, there are different ways the government can charge a defendant for a RICO violation.  One of the most common ways the government charges RICO is conduct of or participation in an enterprise through a patter of racketeering activity.  See section 895.03(3), Florida Statutes.

WHAT DOES THE STATE OF FLORIDA HAVE TO PROVE FOR RICO?

To prove the crime of Unlawfully Conducting or Participating in an Enterprise Through a Pattern or Racketeering Activity, the State must prove the following three elements beyond a reasonable doubt:

  1.  Defendant was employed by or associated with an enterprise.
  2.  Defendant conducted or participated in, directly or indirectly, such enterprise by engaging in at least two incidents as alleged in the Information or Indictment (fancy word for charging document).
  3. Of those incidents in which Defendant was engaged, at least two of them had the same or similar intents, results, accomplices, victims, methods of commission or were interrelated by distinguishing characteristics and were not isolated incidents.

            In order to find Defendant guilty of Unlawfully Conducting or Participating in an Enterprise Through a Pattern or Racketeering Activity, you must also find the State proved beyond a reasonable doubt that:

  1. at least one of the predicate incidents alleged occurred after October 1, 1977; and
  1. the last of such incidents occurred within 5 years after a prior incident of racketeering conduct.

WHAT IS AN ENTERPRISE UNDER FLORIDA RICO LAW?

            “Enterprise” means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental, as well as other, entities.  See Gross v. State, 765 So. 2d 39 (Fla. 2000).

            An “enterprise” is an ongoing organization, formal or informal, that functions both as a continuing unit and has a common purpose of engaging in a course of conduct.

NO LESSER INCLUDED OFFENSES 

There are no lesser included offenses for RICO under Florida law

ONE PERSON NOT ENOUGH FOR RICO

In State v. Nishi, 521 So. 2d 252 (Fla. 3d DCA 1988), the Third District Court of Appeal held that for purposes of § 895.03(2), Fla. Stat., a person cannot be employed or associated with himself.

SOLE PROPRIETORSHIP DEPENDS ON DCA

In State v. Bowen, 413 So. 2d 798 (Fla. 1st DCA 1982), the First District Court of Appeal held that for purposes of § 895.03(2), Fla. Stat., a person can be employed or associated with his own sole proprietorship. However, the Second District Court of Appeal disagreed in Masonoff v. State, 546 So. 2d 72 (Fla. 2d DCA 1989).

CRIMINAL GANG IS AN ENTERPRISE

            A criminal gang, as defined in § 874.03, Fla. Stat., constitutes an enterprise.

             

If you or a loved one has been arrested for RICO charges or Conspiracy to commit RICO, call me at 561-686-6886.

-Grey

www.greytesh.com

561-686-6886

"Law is not black or white, it's Grey"

Grey Tesh is a board certified criminal trial lawyer.  Based out of West Palm Beach, Grey handles RICO charges in Jacksonville, Tampa St. Pete, Orlando, Miami, Fort Pierce, Fort Lauderdale and all throughout Florida.