- RICO
- The Racketeer Influenced and Corrupt Organizations Act (RICO Act) was enacted as part of the Organized Crime Control Act of 1970. At the time of enactment the legislation targeted criminal enterprises, specifically the American Mafia. Today, government utilizes the RICO statute to investigate and prosecute individuals accused of various "racketeering" activities ranging from securities fraud and terrorism to street level gang activity. Unfortunately, the scope of the RICO statute allows the federal government to prosecute individuals where evidence would otherwise be insufficient to sustain a charge on any other crime. Due to the broad language of the RICO statute many defense attorneys are unwilling to take these cases to trial. However, we have found that even in RICO cases aggressive trial litigation can and does provide positive results.
- Narcotics Trafficking
- Sentences for drug offenses in the federal system exact a devastating toll on the lives of defendants and their families. Individuals who find themselves facing drug charges in federal court are often surprised by the length of potential sentences. Drug sentences are determined largely by the amount of narcotics one is accused of possessing. However, each member of a conspiracy is responsible for all of the drugs in the entire conspiracy. Minimal participation in a larger conspiracy often leads to sentences that are grossly disproportionate to a defendant's conduct. There is no such thing as a "small" federal drug case. The only way a defendant can succeed is by aggressively challenging the government's allegations early and refusing to sign premature plea agreements that will ultimately result in substantial sentences.
- Conspiracy
- Conspiracy charges pose unique problems for criminal defendants. Individuals often find themselves charged with actions they did not take. The sale of drugs for which they received no profit or the robbery of a bank they never entered are unfortunate examples. The government uses the conspiracy charge as a mechanisms to compel defendants with essentially no criminal culpability to cooperate or plead guilty out of fear. While the conspiracy charge provides a daunting obstacle defendants should know that it is not something to be feared but is instead something that must be challenged.
- Political Corruption
- Charges of political corruption take many forms and are often used to pressure individuals with knowledge into providing information about others. What people do not realize is that this provision of information to the government carries with it substantial sentences and criminal liability. Any individual who is approached by a government agent regarding any subject related to political corruption should immediately contact an attorney who will protect that person from criminal exposure. If one is charged with any crime related to political corruption the only reliable response is aggressive defense from the very beginning.
- Offenses Involving Firearms
- Offenses involving firearms are particularly dangerous because they carry with them long mandatory minimum sentences. These mandatory minimum sentences can range from ten years to thirty years depending on the circumstances. Whenever a defendant faces a firearms charge every possible attempt must be made to suppress the firearm or dismiss the charge. Aggressive suppression motions can often overcome firearms charges. In order to succeed on such suppression motions it is vital to file motions promptly and make certain that every avenue of defense is examined.
- White Collar Crime
- Crimes involving fraud, embezzlement or money laundering can subject defendants to substantial sentences depending on the amount of money involved. The key to successfully opposing charges stemming from these offenses is to focus every effort on attacking the amount of money claimed by the government. This attack can come in suppression motions, contested sentencing arguments, and jury trials. Failure to contest to government's claims about the amount of money involved results in defendants receiving substantially longer sentences than they expected. This is why aggressive litigation is necessary.
- Internet Crime and Child Pornography
- With the expansion of internet usage and the advancement of technology the number of charges associated with internet related crime have skyrocketed. Among the most prevalent charges are those associated with child pornography. Many defense attorneys shy away from defending such cases. However, aggressive offense on these matters demonstrates that the government often makes false accusations in this area of the law. The use of highly skilled expert witnesses can uncover multiple flaws in the government's case and render defendants not guilty. The most important aspect of handling any internet crime is combining aggressive litigation with the consultation of knowledgeable experts.
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T h e L a w O f f i c e s o f
BEAU B. BRINDLEY
Attorneys & Counselors at Law
The Monadnock Building
53 West Jackson Boulevard -- Suite 1605
Chicago, IL 60604
Phone: 312.765.8878
Fax: 312.276.8040
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