Understanding the Arizona Racketeering Statute: ARS 13-2312
Facing Arizona racketeering (RICO) charges can be overwhelming. The legal system can feel complex and intimidating. Lawyer Listed provides clear information on the specifics of the charge and the potential penalties, helping you navigate each step of the process.
This guide provides an in-depth examination of the Arizona racketeering statute, offering detailed explanations of key legal terminology, sentencing frameworks, and the broader implications of the charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona white collar crimes attorney. If you are charged with racketeering, let Lawyer Listed match you with your ideal white collar crimes lawyer as soon as possible.
What Is Racketeering in Arizona?
The Arizona racketeering statute, ARS 13-2312, is one of the most powerful tools for prosecuting organized crime and complex financial schemes. It criminalizes both the illegal control of an enterprise and the illegal conducting of an enterprise through racketeering activities, making it a cornerstone statute in Arizona’s fight against fraud, corruption, and organized criminal networks.
Key Concepts of Racketeering
General Terms
- Intentionally / With intent to: Acting with the objective of causing a specific result or engaging in particular conduct. In plain terms, you meant to do it.
- Knowingly: You are aware of your actions or the circumstances that make up the offense. It does not require that you know your conduct is illegal; you just need to be conscious of what you are doing or the situation you are in.
Racketeering Terms
- Racketeering: The commission or attempted commission of a serious crime—punishable by more than one year in prison. It includes acts of terrorism that create or intend to create a risk of serious injury or death, as well as a wide range of other offenses committed for financial gain, like fraud, theft, drug trafficking, or money laundering. In essence, racketeering is the use of significant criminal acts, often tied together in a larger scheme or enterprise, to generate profit or exert control.
- Enterprise: Any corporation, partnership, association, labor union or other legal entity, or any group of people associated in fact although not a legal entity. In other words, an enterprise doesn’t have to be a formal business or entity. It can also be a loose group of people who work together for criminal purposes, even if they never filed paperwork or created an official organization.
- Control: Power or influence to substantially direct how an enterprise operates. When referring to property, it simply means to acquire or possess it.
Racketeering Predicate Offenses
To understand Arizona RICO charges, you need to know about “predicate offenses.” These are the individual crimes that, when committed as part of a pattern, add up to racketeering. Think of predicate offenses as the building blocks of a racketeering case.
Under ARS 13-2301 and related statutes, Arizona prosecutors can use many different types of crimes as predicate offenses. Each of the following crimes can be used as a predicate offense in a RICO case:
White Collar Crimes
- Theft of money or property
- Making false claims to get money or benefits
- Many types of fraud, including insurance fraud, securities fraud, and real estate fraud
- Money laundering
- Identity theft
- Forgery and counterfeiting
Violent Crimes
- Murder and manslaughter
- Robbery
- Kidnapping
- Assault and aggravated assault
- Other violent felonies
Organized Crime Activities
- Participating in a criminal syndicate
- Bribery and extortion
- Usury (illegal lending)
- Gambling operations
- Prostitution rings
Drug-Related Offenses
- Possession of illegal drugs for sale
- Drug manufacturing
- Drug trafficking and distribution
- Operating drug networks
Public Corruption
- Obstruction of justice
- Bribing public officials
- Accepting bribes
- Misuse of public funds
Other Serious Crimes
- Weapons violations
- Human trafficking
- Child exploitation
- Various other serious criminal violations
The comprehensive nature of these predicate offenses shows how the Arizona racketeering statute is designed to address virtually any type of organized criminal activity.
Arizona Statute of Limitations for Racketeering
The statute of limitations is the deadline for filing criminal charges after an alleged offense. For racketeering, prosecutors have up to seven years from the date of the alleged offense to bring charges.
Sentencing for Racketeering
The penalties for racketeering in Arizona are substantial and can have long-lasting effects. Sentences vary based on your criminal history and the circumstances surrounding the crime. Understanding these consequences helps you make informed decisions about your defense.
Types of Racketeering Charges Under Arizona Law
Under ARS 13-2312, Arizona law defines two main types of racketeering charges when an enterprise is involved:
1. Illegal Control of an Enterprise
Acquiring or maintaining control of a business or organization through racketeering or by using money from illegal activities. In simpler terms, taking over or keeping control of a business by using criminal methods or dirty money.
For example, if prosecutors claim you used money from drug sales to buy a legitimate business, or that you threatened people to take control of a company, you could face charges under this section of the Arizona racketeering statute.
2. Illegally Conducting an Enterprise
Working for or associating with an enterprise and either:
- Conducting the business through a pattern of racketeering activity, or
- Knowingly participating in the racketeering activities of the enterprise
This means you are accused of operating a business through criminal activity or knowingly participating in an organization’s unlawful operations. You do not have to be the boss or owner to face Arizona RICO charges—employees and associates may also be prosecuted if they knowingly take part in the criminal conduct.
3. Using a Minor in Racketeering
Hiring, using, or involving anyone under 18 years old in racketeering activities. This applies whether the minor played a major role or a minor role in the criminal enterprise.
RICO Penalties
Criminal Consequences
The following table provides an overview of the potential sentence for each racketeering offense:
| Offense | Charge | Prison | Probation (max) |
|---|---|---|---|
| Illegal Control of an Enterprise | Class 3 felony | 2 – 8.75 years | 5 years |
| Illegally Conducting an Enterprise | Class 3 felony | 2 – 8.75 years | 5 years |
| Using a Minor in Racketeering | Class 2 felony | 3 – 12.5 years | Not available |
If convicted of an Arizona RICO charge involving a minor, you are required to serve the entire prison term without the possibility of suspension of sentence, probation, pardon, or any form of early release.
Civil Consequences
Criminal penalties are not the only consequences you may face under Arizona’s racketeering statute. Under ARS 13‑2314, the Attorney General or a county attorney can file a civil lawsuit in superior court on behalf of someone harmed by racketeering or related violations. In such a case, the victim may recover treble damages—triple the actual losses—along with legal costs and attorney fees. For example, if the racketeering offense caused $100,000 in damages, you could be ordered to pay $300,000 in a civil judgment.
Additionally, courts may issue orders to prevent, restrain, or remedy racketeering, including injunctions that prohibit specific conduct and orders requiring the forfeiture of assets used in or obtained through racketeering.
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition: The Arizona racketeering statute targets organized criminal enterprises by focusing on patterns of illegal activity conducted to terrorize or make money. The definition of “enterprise” is intentionally broad, covering both formal business entities and informal criminal groups.
- RICO Predicate Offenses: Arizona RICO charges are built on predicate offenses—the individual crimes that, when committed as a pattern, constitute racketeering. The Arizona racketeering statute includes an extensive list of predicate offenses covering financial crimes, violent crimes, drug offenses, public corruption, organized crime activities, and various other serious violations. This comprehensive approach allows prosecutors to target virtually any form of organized criminal activity.
- Racketeering Charges: Arizona law defines two primary racketeering charges.
- Illegal Control of an Enterprise: Using racketeering or proceeds from illegal activity to acquire or maintain control of a business or organization.
- Illegally Conducting an Enterprise: Running a business through criminal means or knowingly participating in the illegal operations of an enterprise.
- Sentencing:
- Illegal control of an enterprise is classified as a Class 3 felony with a potential prison sentence ranging from 2 to 8.75 years and/or up to 5 years of probation.
- Illegally conducting an enterprise is classified as a Class 3 felony with a potential prison sentence ranging from 2 to 8.75 years and/or up to 5 years of probation.
- Using a minor in racketeering is classified as a Class 2 felony with a prison sentence ranging from 3 to 12.5 years without the possibility of probation or parole.
- Statute of limitations: The statute of limitations for racketeering is seven years from the date of the offense.
Next Steps:
Racketeering is a serious criminal allegation with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights.
If you’re facing Arizona RICO charges, engaging a skilled white collar crimes attorney is important to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense attorney on your side right away.