Racketeering & Rico Attorney in Phoenix

Conduct Arizona Defines as Racketeering

Arizona’s statutory definition of racketeering encompasses a broad range of qualifying conduct.

Depending on the statutory requirements, alleged racketeering activity can include offenses involving:

• Homicide, robbery, kidnapping, forgery, and theft
• Bribery and extortion
• Certain drug offenses
• Fraudulent schemes and specified financial crimes
• Securities-related offenses
• Money laundering
• Other qualifying conduct identified by Arizona law

The presence of an underlying offense does not by itself establish an enterprise charge. In a prosecution under A.R.S. § 13-2312, the state must still prove the elements of the specific enterprise offense charged and connect the accused person to the alleged enterprise and racketeering conduct as required by the statute.

Felony Exposure for Arizona Enterprise Charges

A knowing violation of A.R.S. § 13-2312(A) or (B) is a Class 3 felony.

The statute separately addresses using, hiring, or engaging a minor in conduct preparatory to or completing an enterprise offense. A knowing violation of that provision is a Class 2 felony, and the statute imposes restrictions on probation, pardon, suspension of sentence, and release until the imposed sentence has been served or commuted.

The actual sentencing exposure depends on the offense of conviction, criminal history, additional counts, and other legally relevant sentencing factors.

Federal RICO Penalties

A federal RICO violation under 18 U.S.C. § 1963 can carry up to 20 years in federal prison, fines, and criminal forfeiture.

Federal law also permits a life sentence when the RICO violation is based on racketeering activity for which the maximum penalty includes life imprisonment.

Related federal charges and sentencing rules may create additional exposure depending on the indictment and alleged predicate offenses.

Property Seizure & Forfeiture Issues

Racketeering investigations may also involve seizure, restraining orders, liens, or forfeiture proceedings directed at property allegedly connected to criminal conduct.

Arizona law permits remedies involving property acquired through racketeering, proceeds traceable to qualifying offenses, and certain property allegedly used to facilitate criminal conduct.

Current Arizona forfeiture law generally requires a conviction before property is finally forfeited, together with proof that the property is subject to forfeiture. Statutory exceptions to the conviction requirement exist in limited circumstances.

Property may nevertheless be seized or subjected to certain restraints before the underlying criminal case is resolved. Because seizure and final forfeiture are different legal events, the procedural posture matters when determining what rights and deadlines apply.

Cates & Reed, PLLC handles forfeiture matters connected to criminal allegations. We examine the alleged connection between property and criminal conduct, the basis for seizure or restraint, ownership interests, and the procedures the government has used.

Racketeering Investigations in Phoenix

Racketeering and enterprise investigations can begin before charges are filed. Depending on the investigating authority and alleged conduct, a person may first learn about an investigation through contact from law enforcement, execution of a search warrant, a subpoena, or communication from prosecutors.

In federal matters, a grand jury subpoena may demand testimony or records. Federal prosecutors may also notify someone that the government considers that person a target of an investigation. Receiving either document does not establish guilt, but it can create important decisions about documents, testimony, communications, and interactions with investigators.

A federal RICO matter may proceed through grand jury investigation and indictment before arraignment, discovery, motions, plea negotiations, or trial in federal court. Federal investigations can involve agencies such as the FBI, IRS, or other agencies depending on the alleged offenses.

Arizona racketeering and criminal-enterprise matters may be prosecuted by county prosecutors or the Arizona Attorney General depending on jurisdiction and the allegations. The Arizona Attorney General maintains units that investigate and prosecute major fraud, drug, money laundering, racketeering, and other criminal-enterprise matters.

Felony state cases arising in Maricopa County may proceed in Maricopa County Superior Court.

Defense Issues in Enterprise & RICO Cases

Racketeering cases require more than reviewing the underlying allegation in isolation. The defense must examine how prosecutors claim the alleged acts, people, property, and enterprise fit together.

Issues may include:

• Enterprise: Whether the evidence establishes the enterprise required by the applicable state or federal statute.
• Participation: Whether the accused person actually conducted or participated in the conduct attributed to the enterprise.
• Knowledge: Whether the evidence proves the required knowledge concerning the alleged racketeering activity or enterprise.
• Underlying offenses: Whether prosecutors can prove the acts used to support the enterprise or RICO allegation.
• Federal pattern requirement: In a federal RICO case, whether the alleged predicate acts satisfy the statutory and judicial requirements for a pattern of racketeering activity.
• Searches and seizures: Whether investigators lawfully obtained financial records, electronic communications, physical evidence, or other materials.
• Statements and witnesses: Whether statements are admissible and whether witness accounts are reliable and consistent with documentary evidence.
• Forfeiture: Whether the government has established the required connection between property and the alleged criminal conduct.

Discuss a Racketeering or RICO Investigation with Our Lawyers

Early review can help clarify whether the investigation is state or federal, which statutes prosecutors may be considering, what records or testimony the government is seeking, and how the alleged offenses are said to connect to an enterprise.

Dwane Cates encourages prospective clients to speak directly with the firm about serious criminal matters.