Conspiracy and RICO Charges in Florida: State and Federal Cases Explained
Conspiracy and racketeering charges are some of the most serious and complex accusations a person can face. They often reach far beyond one act, pulling in multiple people, businesses, and transactions over months or years, and they can be charged in Florida state court, federal court, or both.
This post explains in general terms how conspiracy and RICO cases are generally handled under Florida law and in the federal system, at the time of this writing. Every case is different and laws change, so the best way to get answers about a specific situation is to call Attorney Ron Frey for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739.
The Laws Involved
In Florida, racketeering is generally addressed under Section 895.03, Florida Statutes, part of the Florida RICO (Racketeer Influenced and Corrupt Organization) Act, and criminal conspiracy is generally addressed under Section 777.04, Florida Statutes. In the federal system, these cases are typically charged under 18 U.S.C. § 1962 (prohibited activities under the federal RICO statute) and 18 U.S.C. § 371 (conspiracy to commit offense or to defraud the United States), along with conspiracy provisions tied to specific offenses. As always, laws are subject to change and revision, so contact Attorney Ron Frey to discuss the details of your case and the current status of the law.
How Florida Generally Treats Conspiracy and RICO
Under Florida law, a conspiracy generally involves an agreement between two or more people to commit a crime, along with the intent that the crime be carried out. A conspiracy charge is generally graded based on the seriousness of the underlying offense.
Florida’s RICO law generally targets a pattern of racketeering activity, meaning multiple related criminal acts, connected to an enterprise, which can be a business, a group, or even an informal association. RICO charges can bring serious felony penalties as well as forfeiture of property allegedly connected to the enterprise.
When Conspiracy or RICO Becomes a Federal Case
Federal prosecutors frequently bring conspiracy charges, often alongside fraud, drug, or other federal offenses. In many federal conspiracy cases, the government generally must show an agreement and, depending on the statute, an overt act by at least one member to carry it out. Federal RICO cases generally involve an enterprise and a pattern of racketeering activity that can include acts such as mail fraud, wire fraud, bribery, or money laundering.
These cases are often built through long investigations by agencies such as the FBI, sometimes with cooperating witnesses or recorded conversations. In Tampa, federal cases are handled in the Middle District of Florida. The same conduct can sometimes be charged in state court, federal court, or both. Our page on federal offenses explains more.
How Conspiracy and RICO Investigations Often Start
These investigations often grow out of a larger case. Investigators may start by looking at one person or transaction and widen their focus over time, using bank records, phone records, informants, or cooperating co-defendants. Some people first learn they’re involved when they receive a target letter, a grand jury subpoena, a call from a detective, or a visit from agents with a search warrant.
Attorney Ron Frey generally advises that anyone contacted by investigators in a conspiracy or RICO matter speak with an attorney before making any statements, because conversations with investigators, or with others involved in the case, can later become evidence.
What a Conspiracy or RICO Defense Generally Looks At
Every case turns on its own facts. In general, a defense may look at whether there was actually an agreement, whether the person knew about or joined it, whether the alleged acts truly form a pattern connected to an enterprise, and how reliable the cooperating witnesses and recordings are. Being associated with people who are accused of a crime is not the same as agreeing to commit one.
Attorney Ron Frey has over 20 years of experience defending people in both Florida state court and federal court. He also brings a strong financial background to these cases. He earned a Bachelor of Science in Business Administration, with a major in finance, and a Bachelor of Science in Economics from John Carroll University, which helps him understand the financial records and transactions that often sit at the center of conspiracy and RICO cases.
Facing Conspiracy or RICO Allegations in Tampa? Call Attorney Ron Frey.
If you’ve been accused of conspiracy or racketeering, contacted by investigators, or received a subpoena or target letter, it’s important to get legal advice early. Attorney Ron Frey represents people facing Florida state and federal charges in Tampa, Hillsborough County, Pinellas County, and the Middle District of Florida. Call for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739. You can also read about money laundering charges in Florida or learn more about our white collar and financial crimes defense.
This post is general information at the time of this writing and is not legal advice. Laws change often, so contact an attorney about your specific situation.