Federal Criminal Defense Attorneys in New York
Federal RICO & Racketeering Defense Attorneys
RICO carries decades in prison and pretrial asset freezes. Steven Brill has taken RICO conspiracy cases to trial — and won.
- Federal & state trial defense
- Founding partner Steven Brill · since 2001
- Free & confidential · 24/7
The federal RICO Act (18 U.S.C. § 1961–1968) lets prosecutors charge someone for participating in a "pattern of racketeering activity" through an enterprise — meaning the government does not have to prove you personally committed each underlying crime, only that you were part of a pattern. RICO is dangerous because it carries up to 20 years (or more) per count and often freezes a defendant’s assets before trial. Sullivan & Brill defends RICO and racketeering cases at trial: in one five-week federal RICO trial involving the Newburgh Latin Kings, the jury found our client not guilty of the RICO conspiracy, the narcotics conspiracy, and the weapons conspiracy.
RICO — the Racketeer Influenced and Corrupt Organizations Act — was written for organized crime, but federal and state prosecutors now use it routinely against alleged gangs, drug operations, and business enterprises. What makes RICO so serious is its breadth: the government charges an “enterprise” and a “pattern of racketeering activity,” and a defendant can be swept in based on association and a small number of predicate acts.
Why RICO charges are so dangerous
- You need not have committed each act. The government must show a pattern tied to the enterprise — not that you personally carried out every crime.
- Assets are frozen early. Courts often freeze a defendant’s assets at the outset, creating financial hardship and making it harder to mount a defense.
- The exposure is enormous. RICO counts can carry up to 20 years each, and they are frequently stacked with narcotics and firearms conspiracy counts.
How we defend RICO cases
We attack the government’s proof of the “enterprise” and the “pattern,” challenge the reliability of cooperating witnesses, litigate search-and-seizure and wiretap issues, and move to release frozen assets a client needs for their defense. Where the evidence against a client on the substantive counts is weaker than on the conspiracy theory, we position the case so the jury can separate the two.
Result: In a major trial victory, partner Steven Brill defended a purported Latin King associate in a RICO conspiracy indictment involving the Newburgh Latin Kings. After a five-week trial, the jury found his client not guilty of the RICO conspiracy, the narcotics conspiracy, and the weapons conspiracy. Prior results do not guarantee a similar outcome.
Frequently asked questions
What is a “pattern of racketeering activity” under RICO?
It generally means at least two predicate criminal acts (from a defined list — such as drug trafficking, extortion, or fraud) within ten years that are related and show continuity. The government uses the pattern requirement to tie individual acts to the larger enterprise.
Can the government really freeze my assets before I’m convicted?
Yes. In RICO and many federal cases, prosecutors can seek pretrial restraint of assets they claim are connected to the alleged conduct. We can challenge those freezes and seek release of funds you need to live and to fund your defense.
Is RICO only used against the mafia?
No. Today prosecutors use RICO against alleged street gangs, drug organizations, and even business enterprises. Being named in a RICO indictment does not mean the government can prove you were part of the enterprise — that is exactly what a trial defense tests.
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Charged with a crime in New York? Talk to Steven Brill today.
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