Miami Racketeering Attorney
RICO is a catch all statue. If
you have been arrested for a serious crime such as illicit money lending, drugs, or prostitution, the police, or the
State may also tack on a RICO charge. It is a very serious charge that should not be taken lightly. If you are charged with
a RICO violation contact an experienced attorney as soon as possible.
Prohibited activities and defense.—
is unlawful for any person who has with criminal intent received any proceeds derived, directly or indirectly, from a pattern
of racketeering activity or through the collection of an unlawful debt to use or invest, whether directly or indirectly, any
part of such proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of any title to, or
any right, interest, or equity in, real property or in the establishment or operation of any enterprise.
(2) It is unlawful for any
person, through a pattern of racketeering activity or through the collection of an unlawful debt, to acquire or maintain,
directly or indirectly, any interest in or control of any enterprise or real property.
(3) It is unlawful
for any person employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such
enterprise through a pattern of racketeering activity or the collection of an unlawful debt.
(4) It is unlawful
for any person to conspire or endeavor to violate any of the provisions of subsection (1), subsection (2), or subsection (3).
895.04 Criminal penalties and alternative fine.--
person convicted of engaging in activity in violation of the provisions of s. 895.03 is guilty of a felony of the first degree
and shall be punished as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) In lieu of a fine otherwise
authorized by law, any person convicted of engaging in conduct in violation of the provisions of s. 895.03, through which
the person derived pecuniary value, or by which he or she caused personal injury or property damage or other loss, may be
sentenced to pay a fine that does not exceed 3 times the gross value gained or 3 times the gross loss caused, whichever is
the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.
(3) The court
shall hold a hearing to determine the amount of the fine authorized by subsection (2).
(4) For the purposes
of subsection (2), "pecuniary value" means:
(a) Anything of value in the form of money, a negotiable instrument,
or a commercial interest or anything else the primary significance of which is economic advantage; or
(b) Any other
property or service that has a value in excess of $100.