Are you or a loved one facing a federal racketeering charge. If so, then please be aware that this is a serious charge. A defendant can be facing years in a prison, as well as a hefty fine. In addition to this, they might also be facing a federal firearms charge if a gun was used in the commission of the racketeering offense. This is why it’s important to do your research before you retain just any law firm. The Law Offices of Jonathan F. Marshall has the man-power, credentials, experience, and knowledge to help you or your loved one out. At our Bergen County Federal Criminal Defense Firm, we have:
- Eleven (11) criminal defense attorneys on staff
- Combined together, over 200 years of experience
- Eight (8) former prosecutors on staff
- Four (4) were former county prosecutors who’ve tried high-profiled murders trials before a jury during their tenure as prosecutors
- Many held directorial positions during their tenures as former assistant county prosecutors
- One (1) was the head of the Drug, Gang, and Gun Task force
- One (1) was the head of the Major Crimes Division
- One (1) was the head of the Trial team
- One (1) attorney tried thirty murder cases to verdict, and won every single one of them
- Three (3) former municipal prosecutors
- Multiple attorneys selected to either the National Trial Lawyers Top 100 or Top 40 Under 40
- Two (2) attorneys selected to Thomson Reuters’ Super Lawyers Rising Stars list for criminal defense
- Only 2.5% of attorneys in New Jersey are selected to said list
- One (1) attorney certified by the Supreme Court of New Jersey as a Criminal Trial Attorney
- Less than 1% of attorneys hold this distinction in New Jersey
Please give our office a call if you or a loved one has been charged with a federal racketeering charge at 201-201-0086.
NJ Federal Racketeering Charge Lawyer
A federal racketeering charge is codified under U.S.C. § 1951-1960. As you can see, a racketeering charge is broken up into different charges. The first charge, interference with commerce by threats or violence, U.S.C. § 1951, is defined as:
- Whoever obstructs, delays, or affects commerce (goods for sale) or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens violence to any individual or property in furtherance of a plan or purpose to do anything in violation of this section
Under federal law, robbery means “the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining.” Under federal law, extortion means “the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.” The maximum penalty for this is up to twenty years in a federal prison.
U.S.C. § 1952, Interstate and Foreign Travel or Transportation in Aid of Racketeering Enterprises,
This is defined under federal law as:
- Whoever travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce, with the intent to;
- distribute proceeds of an unlawful activity; or
- commit a crime of violence to further a unlawful activity; or
- otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity,
- and then performs or attempts to perform any of the above
Under federal law, unlawful activity is defined as;
- any business enterprise involving gambling, liquor on which the Federal excise tax has not been paid, narcotics or controlled substances, or prostitution offenses in violation of the laws of the State in which they are committed or of the United States,
- extortion, bribery, or arson in violation of the laws of the State in which committed or of the United States, or
- any act which is indictable
If convicted of distrusting proceeds of an unlawful activity or promoting, managing, establishing, etc. an unlawful activity, a defendant can face up to five years in prison. If the defendant is convicted of committing a crime of violence in furtherance of an unlawful activity, then the defendant can face up to twenty years in prison. If a death results as a result of the violence, then any term of years or even life behind bars can be handed out at sentencing.
U.S.C. § 1953, Interstate Transportation of Wagering Paraphernalia
This federal law states, in part, that:
- A defendant that knowingly carries or sends in interstate or foreign commerce any record, paraphernalia, ticket, certificate, bills, slip, token, paper, writing, or other device used, or to be used, or adapted, devised, or designed for use in (a) bookmaking; or (b) wagering pools with respect to a sporting event; or (c) in a numbers, policy, bolita, or similar game
A conviction under this can result in a fine as well as up to five years in a federal prison.
U.S.C. § 1954, Offer, Acceptance, or Solicitation to Influence Operations of Employee Benefit Plan
This is defined under federal law as:
- A defendant that is—
- an administrator, officer, trustee, custodian, counsel, agent, or employee of any employee welfare benefit plan or employee pension benefit plan; or
- an officer, counsel, agent, or employee of an employer or an employer any of whose employees are covered by such plan; or
- an officer, counsel, agent, or employee of an employee organization any of whose members are covered by such plan; or
- a person who, or an officer, counsel, agent, or employee of an organization which, provides benefit plan services to such plan
- receives or agrees to receive or solicits any fee, kickback, commission, gift, loan, money, or thing of value because of or with intent to be influenced with respect to, any of the actions, decisions, or other duties relating to any question or matter concerning such plan or any person who directly or indirectly gives or offers, or promises to give or offer, any fee, kickback, commission, gift, loan, money, or thing of value prohibited by this section,
- That this section shall not prohibit the payment to or acceptance by any person of bona fide salary, compensation, or other payments made for goods or facilities actually furnished or for services actually performed in the regular course of his duties as such person, administrator, officer, trustee, custodian, counsel, agent, or employee of such plan, employer, employee organization, or organization providing benefit plan services to such plan.
If a defendant is convicted of this they can face a fine as well as up to three years in prison.
U.S.C. § 1955, Prohibition of Illegal Gambling Businesses,
This is defined under federal law as:
- it is illegal for a defendant that conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business
- As used in this section—
- “illegal gambling business” means a gambling business which—
- is a violation of the law of a State or political subdivision in which it is conducted;
- involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; and
- has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue of $2,000 in any single day.
- “gambling” includes but is not limited to pool-selling, bookmaking, maintaining slot machines, roulette wheels or dice tables, and conducting lotteries, policy, bolita or numbers games, or selling chances therein.
- “illegal gambling business” means a gambling business which—
- However, any bingo game, lottery, or similar game of chance conducted by an organization exempt from tax under paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code of 1986, as amended, if no part of the gross receipts derived from such activity inures to the benefits of any private shareholder, member, or employee of such organization except as compensation for actual expenses incurred by him in the conduct of such activity; or any savings promotion raffle.
U.S.C. § 1956, Laundering of Monetary Instruments
Commonly known as money laundering, this law states, in part, that:
- Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity—
- with the intent to promote the carrying on of specified unlawful activity; or
- with intent to engage in conduct constituting a violation of section 7201 or 7206 of the Internal Revenue Code of 1986; or
- knowing that the transaction is designed in whole or in part—
- to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or
- to avoid a transaction reporting requirement under State or Federal law,
- shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both
- Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States—
- with the intent to promote the carrying on of specified unlawful activity; or
- knowing that the monetary instrument or funds involved in the transportation, transmission, or transfer represent the proceeds of some form of unlawful activity and knowing that such transportation, transmission, or transfer is designed in whole or in part—
- to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or
- to avoid a transaction reporting requirement under State or Federal law,
- shall be sentenced to a fine of not more than $500,000 or twice the value of the monetary instrument or funds involved in the transportation, transmission, or transfer, whichever is greater, or imprisonment for not more than twenty years, or both.
- Whoever, with the intent—
- to promote the carrying on of specified unlawful activity;
- to conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of specified unlawful activity; or
- to avoid a transaction reporting requirement under State or Federal law, conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of specified unlawful activity, or property used to conduct or facilitate specified unlawful activity,
- shall be fined under this title or imprisoned for not more than 20 years, or both. For purposes of this paragraph and paragraph (2), the term “represented” means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a Federal official authorized to investigate or prosecute violations of this section.
U.S.C. § 1957, Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity
Under this federal law, it states, in part, that:
- Whoever, in any of the circumstances knowingly engages or attempts to engage in a monetary transaction in criminally derived property of a value greater than $10,000 and is derived from specified unlawful activity,
- In a prosecution for an offense under this section, the Government is not required to prove the defendant knew that the offense from which the criminally derived property was derived was specified unlawful activity.
If convicted under this federal law, a defendant faces a fine and/or up to ten (10) years in prison.
U.S.C. § 1958, Use of Interstate Commerce Facilities in the Commission of Murder-For-Hire
This law states, in part, that if a defendant:
- travels in or causes another (including the intended victim) to travel in interstate or foreign commerce, or uses or causes another (including the intended victim) to use the mail or any facility of interstate or foreign commerce, with intent that a murder be committed in violation of the laws of any State or the United States as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value, or who conspires to do so
If convicted a defendant can be fined and or imprisoned up to ten (10) years if personal injury results. If convicted of this and a death occurs, then the defendant can face up to life imprisonment as well as a fine of up to $250,000.00.
U.S.C. § 1959, Violent Crimes in Aid of Racketeering
Under this federal law, it states, in part, that:
- Whoever, as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value from an enterprise engaged in racketeering activity, or for the purpose of gaining entrance to or maintaining or increasing position in an enterprise engaged in racketeering activity, murders, kidnaps, maims, assaults with a dangerous weapon, commits assault resulting in serious bodily injury upon, or threatens to commit a crime of violence against any individual in violation of the laws of any State or the United States, or attempts or conspires so to do, shall be punished—
- for murder, by death or life imprisonment, or a fine under this title, or both; and for kidnapping, by imprisonment for any term of years or for life, or a fine under this title, or both;
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for maiming, by imprisonment for not more than thirty years or a fine under this title, or both;
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for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than twenty years or a fine under this title, or both;
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for threatening to commit a crime of violence, by imprisonment for not more than five years or a fine under this title, or both;
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for attempting or conspiring to commit murder or kidnapping, by imprisonment for not more than ten years or a fine under this title, or both; and
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for attempting or conspiring to commit a crime involving maiming, assault with a dangerous weapon, or assault resulting in serious bodily injury, by imprisonment for not more than three years or a fine of under this title, or both.
U.S.C. § 1960, Prohibition of Unlicensed Money Transmitting Businesses
Under this law, it states, in part, that a defendant whom:
- knowingly conducts, controls, manages, supervises, directs, or owns all or part of an unlicensed money transmitting business
A defendant that is convicted under this law can face a fine and/or imprisoned for not more than 5 years.