Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-2312 "Racketeering / Conducting an Illegal Enterprise" is one of the most serious "White Collar" crimes which can be committed in the state. "Racketeering" is defined as per A.R.S. §13-2301 (11)(D)(4) committing any act or "preparatory offense" (i.e., planning the act) which normally involves any act committed for financial gain which includes Homicide, Robbery, Kidnapping, Forgery, Theft, Bribery, Gambling, Extortion, extensions of credit, prohibited drugs (Marijuana or other prohibited chemicals), trafficking explosives / weapons or stolen property, participating in a criminal syndicate, asserting false claims through Fraud or Arson, false misrepresentation regarding land sales and mortgages, fraudulent reality resale, securities fraud, sale of unregistered securities, Fraudulent Schemes and Artifices, obscenity, existential Exploitation of a Minor, Prostitution, Money Laundering, or Terrorism.
Per A.R.S. §13-2312 "Conducting an Illegal Enterprise" occurs when a person exercises illegal control of an enterprise, through "Racketeering" or it's proceeds, and acquires or maintains control of that or any other enterprise. It is also a violation of the statute if the person participates directly or indirectly in the conduct of any enterprise and the person knows it is being conducted through Racketeering. This section is also violated if a person hires or uses a minor in the preparation or completion of any such offense.
If a person uses a minor while Conducting an Illegal Enterprise, then this will be charged as a class two (2) felony. For a first offense, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is four ane one half (4.5) years to twenty-three and one quarter (23.25) years in prison. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is ten and one half (10.5) years to thirty-five (35) years of incarceration.
If the person violates the statute but does not utilize any minors while Conducting an Illegal Enterprise, then they can be charged with a class three (3) felony. For a first offense, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison range of two (2) years to eight and three quarters (8.75) years in prison. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is seven and one half (7.5) years to twenty-five (25) years of incarceration.
The defenses to Racketeering / Conducting an Illegal Enterprise are varied and diverse. Most often the defense is that there is not any illegal activity actually being undertaken by the business. A second defense would involve "Lack of Knowledge". This would apply when a person has business partners who may be committing illegal acts without the Defendant's knowledge. Very often the Defendant will be merely the "working partner", whereas the other person would be the "brains" of the operation. The Defendant may have no idea that his partner is engaging in acts of Bribery, Theft, Illegal Trafficking or other forms of Fraud. It is necessary to review all of the documents thoroughly, interview all witnesses who know the Defendant's good character (and his partner's bad character) and bring in expert witnesses (such as forensic accountants) who can help prove the Defendant's Lack of Knowledge.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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