William G. Yarborough

RICO: What is it and why is it important?

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The Racketeer Influenced and Corrupt Organizations Act was initially intended to combat the Mafia, but it has extended its reach in recent years to combat a wider range of illegal activities. The RICO Act states that the leaders of an organization can face the same penalties as lower-level members as long as the leaders are the ones who issued the commands for the crime to take place. A number of different crimes can fall under the act’s jurisdiction, including drug dealing, counterfeiting, arson, murder, illegal gambling and much more.

Frank Tieri was the first Mafia boss to face charges under the RICO Act, and there have been numerous notable cases in the decades since. A person who invests money in a criminal enterprise, even unknowingly, may face criminal charges.

What is the RICO Act?

Congress enacted the RICO Act to fight criminal organizations or people conspiring to commit illegal activities as a group. Not only does it allow police to bring criminal charges against the conspirators, but it also makes it simpler for any injured parties to file a civil lawsuit. For a person to face charges under the RICO Act, he or she must receive convictions of a minimum of two crimes detailed within the act within a 10-year period. 

Why is it significant?

The RICO Act provides law enforcement with the tools to successfully bring charges against multiple people who are a part of the same organization. Some of the groups that have faced prosecution under the RICO Act include:

  • Street gangs
  • Drug cartels
  • Political parties
  • Corrupt police departments
  • Insurance and securities firms
  • Terrorist organizations

Since the RICO Act allows victims to reclaim compensation as high as three times the amount of money lost, the RICO Act often accomplishes its goal of completely crippling an organization. Instead of merely taking out a few lower-level members, the RICO Act makes it simpler to eliminate the people at the very top. 

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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