Houston Texas Jury Instruction — RIC— - Conspiracy Offense is a set of legal guidelines provided to jurors in Houston, Texas, specifically pertaining to cases involving the Racketeer Influenced and Corrupt Organizations Act (RICO) and conspiracy offenses. RICO is a federal law enacted to combat organized crime, targeting both individuals and organizations involved in a variety of illegal enterprises. The Houston Texas Jury Instruction on RICO and conspiracy offense aims to educate jurors on the elements of the charges and their role in determining the guilt or innocence of the defendants. The instructions provide a framework for jurors to assess whether the defendants conspired to commit various criminal acts under RICO. Key elements covered in the Houston Texas Jury Instruction regarding RICO — Conspiracy Offense include: 1. Definition of a RICO enterprise: The instruction defines a RICO enterprise as an ongoing organization, association, or group of individuals involved in racketeering activities. 2. Definition of racketeering activity: It explains that racketeering activity includes a list of specified criminal acts, such as fraud, bribery, extortion, money laundering, drug trafficking, illegal gambling, and more. Jurors are guided on how to determine if the alleged activities meet these criteria. 3. Conspiracy offenses under RICO: The instruction describes how a defendant may be charged with conspiracy under RICO if they agree to participate in the enterprise's affairs through a pattern of racketeering activity. 4. Elements of conspiracy: Jurors are informed about the specific elements required to prove conspiracy under RICO, such as an agreement between two or more people, an agreement to participate in racketeering activities, and an agreement to further the aims of the enterprise. 5. Intent and knowledge: The instruction clarifies that jurors must consider whether the defendants had the intent to agree and participate in the criminal activities and if they were aware that their actions furthered the aims of the enterprise. Different types of RICO conspiracy offenses that may be covered in the Houston Texas Jury Instruction include: 1. Drug trafficking conspiracy: Instructions may outline the elements of conspiracy when pertaining to drug trafficking organizations involved in the distribution or manufacture of illegal drugs. 2. Fraud conspiracy: Jurors would be guided on assessing whether defendants conspired to commit fraud, such as insurance fraud, securities fraud, or healthcare fraud, with the purpose of furthering a RICO enterprise. 3. Organized crime conspiracy: When addressing organized crime groups, jurors would receive specific instructions applicable to activities commonly associated with such enterprises, like racketeering, money laundering, and other criminal acts. In summary, the Houston Texas Jury Instruction on RICO — Conspiracy Offense aims to provide jurors with the necessary information and guidelines to assess the charges related to RICO conspiracy offenses. It explains the elements of conspiracy and the various types of criminal activities that may fall under RICO, ensuring a fair and informed decision-making process.
Houston Texas Jury Instruction - RICO - Conspiracy Offense
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Conspiracy to violate the RICO statute under 18 U.S. Code § 1962(d) is also a violation. That means that even if an individual or group never went through with the criminal activities, they may still be charged with a RICO violation. A conspiracy is an agreement by two or more people to commit an unlawful act.
This is because a RICO conspiracy is not a conspiracy to commit the alleged predicate acts; rather, a RICO conspiracy offense is a conspiracy to participate in the affairs of an enterprise through a pattern of racketeering activity.
The criminal RICO statute provides for prison terms of 20 years and severe financial penalties. The law also allows prosecutors to attach assets, so they can't be whisked out of the country before judgment.
A conviction under RICO has serious consequences. Not only does the RICO statute provide for criminal penalties including 20 years of prison, but the financial penalties are severe. A person convicted can face a fine of either $250,000 or double the amount of proceeds earned from illicit activity.
A violation of RICO occurs when a person, in connection with an enterprise, engages in a pattern of racketeering activity. Racketeering activity includes: Arson. Bribery. Counterfeiting.
The mandatory minimum sentence for someone who is convicted under the CCE statute is at least 20 years in federal prison along with a maximum fine of up to $2 million. The defendant must also forfeit all assets gained in commission of the crimes and relinquish all ties to the criminal enterprise.
Of the 9.6 percent of the suits in which plaintiffs obtained a favorable verdict after a jury trial, only 25 percent of the judgments were affirmed on appeal. See id. In consequence, plaintiffs achieved a final victory in only three of 145 cases -- a or final success rate of a mere two percent.
Beating a RICO charge is tough, but it isn't impossible. If you or your organization is under investigation for RICO charges, you don't just need any lawyer, you need a federal criminal defense lawyer who isn't afraid to go to trial in a federal court.
On its face, a RICO charge carries with it the possible maximum of twenty years imprisonment. There is no floor on the possible sentence for a base RICO charge, meaning there is no mandatory minimum.
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The RICO provisions require a specific charge of “Racketeer Influenced and Corrupt Organization.” This requirement is codified in the jury instructions (see instructions.pdf [link no longer available]). This requires you to charge the jury with two counts of “RICO conspiracies to commit wire fraud and conspiracy to commit wire fraud” (in the RICO count) and one count of RICO conspiracy to commit money laundering” (in the money laundering count). You must also explain that defendants are free from any civil conspiracy. This requires you to explain the jury's right to acquit, if they find that no civil law was broken. You can find the jury instructions here or here. RICO convictions often come with a 10- to 20-year prison term. Because RICO convictions are very serious and may involve years of prison time, the government does not like to charge a large group of defendants with many similar offenses.
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