Defending Against Organized Crime Allegations
At Simmons Wagner, LLP, we understand that racketeering charges—often brought under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act—can lead to extraordinarily high stakes. Individuals convicted under RICO can face lengthy prison terms, steep fines, and asset forfeiture. In California, state laws addressing organized crime and gang-related activities can also carry severe penalties. Our firm, located in Irvine, serves clients throughout Orange County and across the state, providing robust, evidence-based defense strategies. If you or a loved one is facing racketeering or RICO charges, call (949) 439-5857 for a confidential consultation.
Understanding Racketeering & RICO in California
Racketeering involves conducting illegal business or organized criminal activities, often with repeated patterns of behavior that generate profits through unlawful means—such as extortion, fraud, money laundering, or bribery.
Federal RICO Statute (18 U.S.C. § 1961 et seq.)
- Targets individuals or organizations engaged in a “pattern of racketeering activity.”
- Common predicate offenses include mail fraud, wire fraud, drug trafficking, money laundering, and more.
- Allows prosecutors to hold all members of an organization liable for crimes committed by other members, if they participated or conspired.
California Law on Organized Crime
- While California does not have a statute identical to federal RICO, it enforces laws addressing criminal profiteering, gang enhancements, and conspiracy.
- The California Street Terrorism Enforcement and Prevention (STEP) Act (Penal Code § 186.22) can enhance sentences for those accused of benefiting a “criminal street gang.”
- State prosecutors often collaborate with federal agencies when large-scale racketeering or organized crime is alleged.
Potential Consequences
Lengthy Incarceration
- Federal RICO convictions can carry 20 years or more in prison, depending on the nature and severity of the predicate offenses.
- State convictions under conspiracy or gang enhancements may also result in significant sentences, sometimes rivaling federal penalties.
Significant Fines & Asset Forfeiture
- Federal law permits the seizure of assets and hefty fines upon conviction.
- Asset forfeiture proceedings can involve business holdings, real estate, and bank accounts, drastically affecting financial stability.
Extended Supervision & Parole Restrictions
- Individuals convicted of racketeering or RICO offenses frequently face intense probation or parole conditions, limiting personal freedom post-release.
Collateral Damage
- A racketeering conviction can devastate personal relationships, reputations, professional licenses, and future employment opportunities.
Our Approach
Early Intervention and Investigation
We act immediately—examining search warrants, subpoenas, and law enforcement procedures for errors or constitutional violations. Our priority is to protect your rights from the earliest stages of an investigation.
Collaborative Analysis with Financial and Forensic Experts
RICO cases frequently involve complex transactions, extensive digital records, and detailed financial ledgers. We partner with forensic accountants, IT specialists, and investigators to dissect the evidence and uncover weaknesses in the prosecution’s case.
Challenging Predicate Offenses and Conspiracy Claims
The government must prove a pattern of unlawful activity. We scrutinize each alleged predicate offense—whether it’s mail fraud, bribery, or drug trafficking—to see if the evidence truly supports criminal conduct or if there are grounds for dismissal.
Negotiation and Courtroom Advocacy
In some instances, negotiating a favorable plea deal or reduced charges may be in your best interest. When a fair resolution is not possible, we are prepared to take your case to trial—cross-examining witnesses, disputing forensic findings, and demonstrating reasonable doubt.
Post-Conviction Support
If you or a loved one already faces a RICO-related conviction, we can explore avenues of post-conviction relief (including appeals or sentence modifications) in both state and federal courts.
Why Choose Simmons Wagner, LLP in Irvine, CA, for Racketeering / RICO Defense?
- Extensive Experience in Complex Felony Cases
Our attorneys have handled high-stakes federal and state prosecutions, from white-collar crimes to large-scale drug conspiracies. We understand the sophisticated tactics employed in RICO investigations. - In-Depth Knowledge of California & Federal Procedures
Being based in Irvine, we regularly navigate both local courts and federal jurisdictions, ensuring our clients benefit from a well-rounded defense strategy that respects each system’s unique rules. - Detail-Oriented, Evidence-Based Advocacy
We sift through large volumes of data—bank records, intercepted communications, corporate filings—to identify inconsistencies or procedural errors that can undermine the government’s case. - Client-Centered Communication
Clear, consistent communication is central to our practice. We keep you informed of every development, explain legal intricacies, and encourage your input at each critical juncture. - Strategic Collaboration
Our network of financial analysts, investigators, and digital forensics experts fortifies your defense, ensuring we stand ready to challenge even the most complex allegations.
Contact Us
If you are facing racketeering or RICO charges in California, don’t wait to secure capable legal representation. Simmons Wagner, LLP has the experience and resources to protect your rights, financial stability, and freedom. Call us at (949) 439-5857 for a free, confidential consultation. We’ll develop a tailored strategy that addresses your individual circumstances and aims for the best possible outcome in your case.