Wheaton Federal and State RICO Attorneys

Criminal Defense in DuPage County

When they first appeared in the 1960s and 1970s, Racketeer Influenced and Corrupt Organizations (RICO)laws targeted white-collar conspirators and Mafia families. These laws are still alive and well; in addition, authorities now use RICO to aggressively prosecute street gangs and other less formal and traditional criminal organizations. The laws have a dual purpose: to punish offenders and to deter aspiring members from joining the organization.

These laws carry very harsh punishments, including high fines, potential incarceration, and other penalties. If you are facing RICO charges at the state or federal level, contact the Wheaton attorneys at the Law Offices of Salvatore C. Miglore & Associates. We start work right away to minimize the damage and help you avoid these severe consequences, so you can focus on what is truly important.

Illinois was one of the most recent states to pass a RICO statute. Under this law, which primarily targets street gangs, a RICO prosecution must be specifically authorized. A number of Class 2 Felonies may be charged as part of a "criminal enterprise." These crimes include: 

• Solicitation of Murder for Hire, 
• Kidnapping,
• Criminal Sexual Assault,
• First Degree Murder,
• Promoting Juvenile Prostitution,
• Criminal Street Gang Recruitment, 
• Aggravated Discharge of a Firearm,
• Robbery,
• Arson,
• Place of Worship Arson, and
• Certain drug offenses

At least three offenses that are legally related may qualify as a "predicate act" under the state RICO law. Persons convicted under this statute are typically not eligible for probation or any other form of supervised release.

The federal RICO law works in much the same way. In addition to Mafia families, the RICO law has been used against Catholic dioceses in sex abuse cases, the Hell's Angels motorcycle club, and even some police departments. If there are at least two predicate offenses in a 10 year period, they may be charged as part of one criminal enterprise. Federal predicate offenses are generally white-collar crimes and may involve:

• Bribery and Obstruction of Justice;
• Counterfeiting, Racketeering, and Gambling;
• Theft, Embezzlement, Fraud, and Money Laundering;
• Distributing Pornography;
• Murder for Hire;
• Bankruptcy Fraud; and
• Harboring or Transporting Illegal Aliens.

According to the Supreme Court, predicate acts are related if they "have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events."

One of the most effective defenses in a RICO case is to disprove the link between the predicate offenses. If an attorney can convince the jury that one or more of these violations was coincidental, the defendant is not guilty. RICO cases are also difficult for the prosecutor to prove because each "predicate offense" is, in effect, a separate mini-trial. Finally, the state must prove each element of the case beyond a reasonable doubt.

A RICO prosecution at the state or federal level makes a serious matter even more serious. The criminal defense attorneys at the Law Offices of Salvatore C. Miglore & Associates routinely deal with complex criminal law matters. For a free consultation, contact us at 630.933.8400. We represent defendants in McHenry, DuPage, Lake, Will, Kendall, DeKalb, Kane and Cook Counties.