The Impact of Racketeering Laws (RICO) on Drug-Related Cases in Arizona

Racketeering laws allow prosecutors to go beyond individual drug charges to target larger interconnected criminal networks. Arizona’s racketeering laws are based on the federal Racketeer Influenced and Corrupt Organizations (RICO) Act, which enables prosecutors to connect drug offenses to broader criminal enterprises. Convictions on these more serious offenses can lead to severe penalties.

Racketeering Laws in Drug-Related Cases in Arizona

Racketeering laws can potentially be applied in drug cases where prosecutors believe they have adequate evidence to establish an organized structure or operation is behind the manufacturing, transportation or sale of drugs in Arizona.

Although racketeering cases are often used to target drug trafficking rings and cartels, prosecutors sometimes use these laws to target more loosely connected groups involved in the production, distribution or sale of illegal substances in the state.

The primary goal of bringing racketeering charges is to target not only individuals but the entire organization and potentially everyone involved, from street-level dealers to top organizers.

Common Types of Prosecutorial Overreach in Racketeering Allegations

There are scenarios where prosecutors attempt to stretch the law’s interpretation to encompass activities that don’t clearly meet the legal criteria for a criminal enterprise. Some common examples include:

• Small or loosely connected individuals who work together in drug transactions without any kind of formal structure or hierarchy. This could be something as small as a group of friends or acquaintances who collaborate occasionally on drug distribution.
  
  
• Portraying a single person who is caught with drugs as having some indirect connection to others in the drug trade. Prosecutors may try to tie an individual with questionable or even non-existent connections to a larger criminal network.
  
  
• Using Arizona racketeering law to force a targeted criminal enterprise to forfeit property. The state allows for the seizure of all types of assets connected to the alleged criminal enterprise. This includes cash, vehicles and real estate. Prosecutors and law enforcement may attempt to seize these assets even if the alleged connection of the individual to the criminal network is weak or not clearly established by available evidence.

Why Might Prosecutors Attempt to Apply Racketeering Law in Drug Cases?

There are three primary motivating factors that lead prosecutors to pursue racketeering charges in drug cases.

1. Increased penalties and harsher punishments: Racketeering allow for a significant elevation of drug-related offenses and harsher sentences compared to standard drug charges. Defendants convicted under the racketeering statutes may face longer prison terms and higher fines.
   
   
2. Broadens the scope of prosecution: Prosecutors may have much wider latitude and gain the capability to implicate multiple parties within a drug network. This may even include individuals with only tangential involvement to an alleged criminal enterprise. Some of the defendants caught in this widened net may be more willing to accept plea deals and testifying against ringleaders, especially if they believe challenging their charges could expose them to harsher penalties.
   
   
3. Asset forfeiture: The ability to seize assets that are allegedly connected to a criminal enterprise can have a significant financial benefit for law enforcement. The controversial practice of ‘policing for profit’ can be used to fund law enforcement activities.

Can Criminal Defense Lawyers Challenge Prosecutorial Overreach and Racketeering Charges?

Yes, it is not unheard of for prosecutors to charge defendants under Arizona racketeering statutes for conduct that doesn’t meet the legal criteria based on available evidence. Defense attorneys are sometimes able to successfully argue that the allegations don’t truly constitute organized crime, or that the person accused is clearly not a member of the criminal enterprise based on the prosecution’s evidence.

Disconnecting the person from the enterprise also allows the defense attorney to challenge asset seizures that may have resulted from the racketeering charges.

Arguing the Evidence Doesn’t Establish the Existence of a Structured, Ongoing Organization With a Common Purpose

Defense attorneys may be able to argue that there is no formal structure, hierarchy or long-term objective of the defendants being charged. Evidence that only establishes sporadic transactions or shows a lack of coordinated leadership can weaken the prosecution’s case.

Disputing Continuity

A key requirement of racketeering law is establishing an ongoing pattern of criminal activity. An Arizona criminal defense attorney may be able to establish that the timeline of events proves the alleged crimes were isolated incidents rather than part of a pattern.

Sporadic, random or isolated acts that lack a shared purpose or are distinct in time and nature may not fulfill the continuity requirements of racketeering.

Challenging Asset Forfeiture

Tracing the origin of funds used to acquire seized property may allow the defense to establish that those items were not used in or derived from racketeering activities. A defense attorney may also be able to file motions to suppress asset forfeiture if evidence linking the asset to racketeering is weak or argue that the seizure was improperly conducted.

Establishing that the Defendant Lacked Control or Knowledge

Knowing involvement in a broader operation is often necessary for racketeering charges. If a defendant only participated in a single transaction and was unaware of other activities or even the existence of a broader alleged organization, it may weaken the prosecution’s case.

Learn About Racketeering Defense Strategies in Phoenix

Working with an experienced drug crime defense attorney can potentially have a number of benefits for people facing these charges. Depending on the circumstances and evidence, it may be possible to reduce sentencing exposure, limit asset forfeiture or mitigate the negative perception a defendant may face for being associated with organized crime. Call Michael Alarid III at (602) 818-3110 for a free case evaluation.