TAMPA CRIMINAL DEFENSE ATTORNEY

Florida RICO Defense Lawyer

Have you been arrested as a racketeer or a member of organized crime? Are you looking for an experienced RICO Attorney? The penalties for a person charged as a racketeer are severe and may include up to 20 years in prison and large fines. Also, any personal holdings and monies acquired from the criminal activity are usually given over in settlement. Since racketeer cases do not end in criminal court and typically, result in a re-trial in civil courts they can be very emotionally and financially draining. Plaintiffs are permitted to bring action against the party or parties involved resulting in triple damage awards.

Mark G. Rodriguez is experienced in the laws and legislation surrounding racketeering and organized crime. Mr. Rodriguez has a history of winning in RICO defense cases involving issues relating to undercover law enforcement, judges, prosecutors, and district attorneys not following the law. Without an experienced Criminal Defense attorney with years of experience involving RICO defense cases it is very easy for prosecutors to play on the sympathy of juries. When you hire Mark G. Rodriguez you can expect him to know the law and how it applies to theses specific cases. Contact RICO Defense Attorney Mark G. Rodriguez today, and know that you have the experience you need to fight for your constitutional rights!

KNOW THE LAW, KNOW YOUR RIGHTS!

Florida Statute Chapter 895 – Offenses Concerning Racketeering and Illegal Debts

Florida RICO (Racketeer Influenced and Corrupt Organization) Act: Passed by Congress in 1970; Aims at eliminating the Mafia and Organized Crime Operations.

(1) Enables persons financially injured by a pattern of criminal activity to seek redress through the state or federal courts. A "pattern" is defined by the act as "at least two acts of racketeering, one which occurred after the effective date of the act and the last of which occurred within ten years; after the commission of the first act of racketeering."

(2) Outlines both Criminal and Civil proceedings requirements and recommends award amounts and incarceration penalties for both defendant and plaintiff. Civil – Plaintiff must only convince a jury by a preponderance of evidence that the defendant committed the acts of racketeering. Award is monetary damages, in particular, three times the actual damages established at trial plus the plaintiffs attorney’s fees and costs. Criminal – Plaintiff must establish acts of racketeering beyond the reasonable doubt of the jury. The defendant goes to jail.

Florida Statute 895.02

"Racketeering activity" means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit:

(a) Any crime that is chargeable by petition, indictment, or information under the following provisions of the Florida Statutes:

1) Relating to evasion of payment of cigarette taxes.
2) Relating to fleeing or attempting to elude a law enforcement officer and aggravated fleeing or eluding.
3) Relating to environmental control.
4) Relating to Medicaid fraud
5) Relating to public assistance fraud.
6) Relating to workers' compensation.
7) Relating to creation of a fictitious employer scheme to commit unemployment compensation fraud.
8) Relating to distribution of medicinal drugs without a permit as an Internet pharmacy.
9) Relating to crimes involving contraband and adulterated drugs.
10) Relating to telemarketing.
11) Relating to sale of securities and investor protection.
12) Relating to dog racing and horseracing.
13) Relating to jai alai frontons.
14) Relating to slot machine gaming.
15) Relating to the manufacture, distribution, and use of explosives.
16) Relating to money transmitters, if the violation is punishable as a felony.
17) Relating to beverage law enforcement.
18) Relating to transacting insurance without a certificate of authority
19) Relating to operating an unauthorized multiple-employer welfare arrangement
20) Relating to representing or aiding an unauthorized insurer.
21) Relating to reports of currency transactions, when such violation is punishable as a felony.
22) Relating to interest and usurious practices.
23) Relating to real estate timeshare plans.
24) Relating to registration of persons found to have committed any offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang.
25) Relating to commission of crimes by accessories after the fact.
26) Relating to homicide.
27) Relating to assault and battery.
28) Relating to kidnapping or human trafficking.
29) Relating to weapons and firearms.
30) Relating to sexual battery, but only if such crime was committed with the intent to benefit, promote, or further the interests of a criminal gang, or for the purpose of increasing a criminal gang member's own standing or position within a criminal gang.
31) Relating to prostitution and sex trafficking
32) Relating to arson and criminal mischief.
33) Relating to burglary and trespass.
34) Relating to theft, robbery, and related crimes.
35) Relating to computer-related crimes.
36) Relating to fraudulent practices, false pretenses, and fraud generally and credit card crimes.
37) Relating to abuse, neglect, or exploitation of an elderly person or disabled adult.
38) Relating to commercial sexual exploitation of children.
39) Relating to forgery and counterfeiting.
40) Relating to issuance of worthless checks and drafts.
41) Relating to extortion.
42) Relating to perjury.
43) Relating to bribery and misuse of public office.
44) Relating to obstruction of justice.
45) Relating to obscene literature and profanity.
46) Relating to gambling.
47) Relating to criminal gangs.
48) Relating to drug abuse prevention and control.
49) Relating to offenses related to financial transactions.
50) Relating to tampering with or harassing a witness, victim, or informant, and retaliation against a witness, victim, or informant.
51) Relating to tampering with jurors and evidence.

(b) Any act which is indictable under any of the following provisions of title 18 United States Code:

(c) Any act which is indictable under title 29, United States Code: a. Restrictions on payments and loans to labor organization b. Embezzlement from union funds

(d) Any act which is indictable under the Currency and Foreign Transactions Reporting Act

(e) Any act which is indictable under the Immigration and Nationality Act a. Aiding or assisting certain aliens to enter the United States b. Importation of alien for immoral purpose.

History.--s. 2, ch. 77-334; s. 3, ch. 79-218; s. 300, ch. 79-400; s. 1, ch. 81-141; s. 1, ch. 83-65; s. 25, ch. 83-264; s. 2, ch. 84-9; s. 5, ch. 86-277; s. 1, ch. 87-139; s. 5, ch. 89-143; s. 2, ch. 90-246; s. 3, ch. 90-301; s. 13, ch. 91-33; s. 72, ch. 91-282; s. 4, ch. 92-125; s. 4, ch. 92-281; s. 65, ch. 92-348; s. 2, ch. 93-227; s. 106, ch. 93-415; s. 78, ch. 94-209; s. 91, ch. 95-211; s. 9, ch. 95-340; s. 107, ch. 96-175; s. 7, ch. 96-252; s. 5, ch. 96-260; s. 4, ch. 96-280; s. 7, ch. 96-387; s. 43, ch. 96-388; s. 2, ch. 97-78; s. 2, ch. 99-335; s. 17, ch. 2000-360; s. 31, ch. 2003-155; s. 161, ch. 2004-5; s. 13, ch. 2004-344; s. 11, ch. 2004-387; s. 5, ch. 2004-391; s. 143, ch. 2005-2; s. 8, ch. 2005-209; s. 13, ch. 2005-228; s. 3, ch. 2005-362; s. 4, ch. 2006-168; s. 17, ch. 2007-74; s. 42, ch. 2008-207; s. 17, ch. 2008-238. Note.--Former s. 943.461.