RICO Prosecutions

The federal government vigorously prosecutes organized crime, and even criminal conduct not normally seen as “organized,” under the Racketeer Influenced and Corrupt Organizations (RICO) statute. When people think of RICO violations and federal conspiracy charges, they most often think of the Mafia. Today, RICO charges are commonly levied against “legitimate” corporations and their senior management in an effort to pursue what the government sees as patterns of criminal activity. At The Blanch Law Firm, we are experienced in RICO violations defense. We offer the finely tuned, dedicated, and relentless legal defense against RICO violations and federal conspiracy charges originating from any of the following statutorily specified unlawful activities:

■Wire, mail, or securities fraud
■Embezzlement
■Falsifying ID documents
■Counterfeiting materials or currency
■Interference with commerce
■Racketeering (using extortion, loan sharking, bribery, or obstruction of justice to further illegal activities)
■Interstate Gambling
■Obstruction of Justice
■Felonious manufacture, import, export, or sale of obscene matter or controlled substance
■Trafficking in stolen property or contraband or untaxed cigarettes

If you are accused or suspected of a RICO violation or any federal conspiracy charge – or even suspect you might be — you should immediately call the Blanch Law Firm at 646-797-4790.

Money Laundering

Money Laundering is a crime that involves converting money or property gained from illegal activities into money that appears to have been legally earned.  Money laundering helps criminals of all kinds cover up the source of their funds, whether it be through embezzlement, selling drugs or fraud.  Money laundering has three steps:

■Placement- Illegal funds are introduced into the mainstream economy.
■Layering-The funds are then layered into legitimate funds, making there source difficult to trace.
■Integration-The funds are fully integrated into the economy, without a discernible source.

Within these general steps, there are a number of more specific schemes to launder money.  One of the most common is structuring, which entails depositing small amounts of illegal money into legitimate bank accounts.

Due to the large extent money laundering occurs in the U.S., the government has taken steps to crack down on this process.  Money Laundering is prohibited under the Money Laundering Control Act of 1986.  Individuals that help conceal money, avoid taxes or promote illegal activity through money laundering can be sentenced to up to 20 years in federal prison as well as a fine up to double the amount laundered.  In addition, to these penalties, prosecutors often charge launderers with tax evasion, conspiracy and other crimes that carry their own penalties.

Due to the complexity and seriousness of money laundering charges, a good defense attorney can be the difference decades years in prison and freedom.  If you have been charged with money laundering , contact the Blanch Law Firm immediately at 646-797-4790.

Wire Fraud

Wire fraud is defined in 18 USC 1343 as the use of “the wires” to commit or with intent to commit a scheme or artifice to defraud.  The elements of wire fraud directly compare to those of the mail fraud statute, but require the use of an interstate telephone call or electronic communication made in furtherance of the scheme.The key element placing this form of fraud into the purview of “wire fraud” is the use of interstate wire communications or other forms of facilitating communications, such as television, radio, microwaves, or the internet.

Like Mail Fraud, Wire Fraud also carries a penalty of up to 20 years in prison.  In addition, if the wire fraud is used in a way that affects a financial institution such as a bank, this maximum penalty goes up to 30 years imprisonment as well as a $1 million fine.  Also like Mail Fraud, Wire Fraud is commonly charged in combination with other white collar crimes such as bribery and bank fraud.

Due to the heavy penalties and large stakes associated with wire fraud charges, it is essential that you seek the expert advice offered by The Blanch Law Firm.  If you have been charged with wire fraud, contact the Blanch Law Firm immediately at 646-797-4790.

Mail Fraud

Mail Fraud is the oldest form of fraud statutorily regulated and prosecuted by the federal government. Statutorily regulated since 1872, the United States Supreme Court has repeatedly upheld the authority of Congress to pass the statute.  The statute itself is defined in 18 USC Section 1341.  The law prohibits using the U.S. Postal Service or any private interstate delivery service to commit any “scheme or artifice to defraud”.  There are three elements to proving mail fraud: 1. Intent to defraud, 2. a scheme or artifice to defraud, and 3. use of a mail service.

Mail fraud has stiff penalties.  The law has a statutory maximum of 20 years imprisonment.  In practice, mail fraud is often charged in addition to other crimes.  In particular, securities fraud, health care fraud, money laundering and insurance fraud charges can often be complimented with mail fraud.  As a result, mail fraud convictions, which already have heavy penalties, can be made even worse when paired with other convictions.

Due to the seriousness and complexity of defending mail fraud charges, it is essential that you retain a seasoned and competent attorney.  At the Blanch Law Firm, we have years of experience and on-the-job knowledge that can ensure you will be provided the best possible defense.  So, if you have been charged with mail fraud, contact the Blanch Law Firm immediately at 646-797-4790.

Conspiracy

A conspiracy is an agreement between two or more persons to break the law at some time in the future, so a natural person identified with the mind of a legal entity cannot conspire with the company alone. There is no limit on the number participating in the conspiracy and no requirement that any steps have been taken to put the plan into effect. Many federal statutes exist which criminalize certain agreements between two or more parties. However, the three most common are:

1. Title 18 U.S.C. § 371 – Two or more persons conspire to violate a federal law such as mail fraud, securities fraud, public corruption, or bank fraud.
2. Title 18 U.S.C. § 1956(h) – Two or more persons conspire to launder monetary instruments or to engage in a monetary transaction derived from illegal activity.
3. Title 21 U.S.C. § 846- Two or more persons conspire to manufacture or possess with intent to deliver a controlled substance. In order to be convicted under 21 U.S.C. § 846, the government need not show that the defendant committed any obvious act in furtherance of the conspiracy.

If you have been charged with conspiracy, contact the Blanch Law Firm immediately at 646-797-4790.