According to reports out of Bibb County, a deputy has been arrested in a string of gambling and racketeering raids in the county.
Deputy Rahim McCarley owned a convenience store where he has been accused of profiting nearly $500,000 from illegal gambling. He has been accused of engaging in bribery, tax evasion, and money laundering.
As a Georgia Criminal Defense Lawyer, I will outline the law behind racketeering in Georgia in today's post.
Racketeering in Georgia
Racketeering by law is also known as a violation of the Racketeer Influenced and Corrupt Organizations Act or RICO.
RICO in Georgia is defined by Georgia Law in O.C.G.A. §16-14-4 as four different ways that a person can violate the act. These actions include:
- By directly or indirectly acquiring or maintaining any interest in or control of any enterprise, real property or personal property through a pattern of racketeering or the proceeds derived from the activity;
- By directly or indirectly participating in an enterprise through a pattern of racketeering activity while being employed by, or associated with, the enterprise;
- By conspiring or endeavoring to directly or indirectly acquire or maintain any interest in, or control of, any enterprise, real property or personal property through a pattern of racketeering activity or the proceeds derived from a pattern of racketeering activity; or
- By conspiring or endeavoring to directly or indirectly participate in an enterprise through a pattern of racketeering activity while being employed by, or associated with, the enterprise.
There are many crimes that can be used to show a pattern of unlawful conduct. The predicate crimes that fall under the RICO statute in Georgia include drug offenses, homicide, bodily injury, arson, burglary, forgery, theft, prostitution, obscene materials, bribery, witness tampering, perjury, evidence tampering, commercial gambling, distilling liquors and alcoholic beverages, firearm violations, securities violations, credit card fraud, computer crimes, kidnapping, carjacking, and making terroristic threats.
Any kind of violation of the RICO Act is classified as a felony. If the penalty is prison, the term will be between five and twenty years. If the penalty is a fine, it will not exceed the greater of $25,000.00 or three times the amount of any pecuniary value gained by him or her from such violation. The fine amount will be determined by a hearing.
Crimes involving other parties such as RICO or gang activity in Georgia are handled very seriously in this state. If you or a loved one has been arrested in Georgia, contact a Georgia Criminal Defense Attorney today.
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