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Engaging in a pattern of corrupt activity Drug Crimes, Substance Abuse

Discussion in 'Criminal Charges' started by BWbrown, Apr 2, 2019.

  1. BWbrown

    BWbrown Law Topic Starter New Member

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    Originally, 2 people were charged in my case with engaging in a pattern of corrupt activity. The other person pleaded out to lesser charges (so, never convicted of engaging). Don't two people have to be charged with it for it to uphold? I've done research and can't really find my answer. Can only one person be charged with engaging in a pattern of corrupt activity? I'm going to ask my lawyer too, i just want to hear everyone's view.
     
  2. army judge

    army judge Super Moderator

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    Two were charged, one copped a plea, and will probably begin to "eat cheese like a big, nasty rat" on you.

    I suggest you speak about this ONLY with your lawyer.

    Once the rat starts telling "tales" and "singing songs" for the prosecutor, you are at greater peril.


    You and the "rat" were charged, mate.

    The "rat" copped a plea at your expense.


    That is the BEST thing you can do, and for your sake, don't discuss this with anyone else.
     
    BWbrown likes this.
  3. BWbrown

    BWbrown Law Topic Starter New Member

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    I'm sorry i guess i should have stated my question more clear. Does one or two people have to be convicted of engaging in a pattern of corrupt activity for it to be lawful and uphold? sorry if i can't find the right words to ask what i really mean
     
  4. army judge

    army judge Super Moderator

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    Is this the crime with which you were charged?

    Ohio Revised Code » Title [29] XXIX CRIMES - PROCEDURE » Chapter 2923: CONSPIRACY, ATTEMPT, AND COMPLICITY; WEAPONS CONTROL; CORRUPT ACTIVITY

    2923.32 Engaging in pattern of corrupt activity.

    (A)

    (1) No person employed by, or associated with, any enterprise shall conduct or participate in, directly or indirectly, the affairs of the enterprise through a pattern of corrupt activity or the collection of an unlawful debt.

    (2) No person, through a pattern of corrupt activity or the collection of an unlawful debt, shall acquire or maintain, directly or indirectly, any interest in, or control of, any enterprise or real property.

    (3) No person, who knowingly has received any proceeds derived, directly or indirectly, from a pattern of corrupt activity or the collection of any unlawful debt, shall use or invest, directly or indirectly, any part of those proceeds, or any proceeds derived from the use or investment of any of those proceeds, in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.

    A purchase of securities on the open market with intent to make an investment, without intent to control or participate in the control of the issuer, and without intent to assist another to do so is not a violation of this division, if the securities of the issuer held after the purchase by the purchaser, the members of the purchaser's immediate family, and the purchaser's or the immediate family members' accomplices in any pattern of corrupt activity or the collection of an unlawful debt do not aggregate one per cent of the outstanding securities of any one class of the issuer and do not confer, in law or in fact, the power to elect one or more directors of the issuer.

    (B)

    (1) Whoever violates this section is guilty of engaging in a pattern of corrupt activity. Except as otherwise provided in this division, engaging in corrupt activity is a felony of the second degree. Except as otherwise provided in this division, if at least one of the incidents of corrupt activity is a felony of the first, second, or third degree, aggravated murder, or murder, if at least one of the incidents was a felony under the law of this state that was committed prior to July 1, 1996, and that would constitute a felony of the first, second, or third degree, aggravated murder, or murder if committed on or after July 1, 1996, or if at least one of the incidents of corrupt activity is a felony under the law of the United States or of another state that, if committed in this state on or after July 1, 1996, would constitute a felony of the first, second, or third degree, aggravated murder, or murder under the law of this state, engaging in a pattern of corrupt activity is a felony of the first degree. If the offender also is convicted of or pleads guilty to a specification as described in section 2941.1422 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, engaging in a pattern of corrupt activity is a felony of the first degree, and the court shall sentence the offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code and shall order the offender to make restitution as provided in division (B)(8) of section 2929.18 of the Revised Code. Notwithstanding any other provision of law, a person may be convicted of violating the provisions of this section as well as of a conspiracy to violate one or more of those provisions under section 2923.01 of the Revised Code.

    (2) Notwithstanding the financial sanctions authorized by section 2929.18 of the Revised Code, the court may do all of the following with respect to any person who derives pecuniary value or causes property damage, personal injury other than pain and suffering, or other loss through or by the violation of this section:

    (a) In lieu of the fine authorized by that section, impose a fine not exceeding the greater of three times the gross value gained or three times the gross loss caused and order the clerk of the court to pay the fine into the state treasury to the credit of the corrupt activity investigation and prosecution fund, which is hereby created;

    (b) In addition to the fine described in division (B)(2)(a) of this section and the financial sanctions authorized by section 2929.18 of the Revised Code, order the person to pay court costs;

    (c) In addition to the fine described in division (B)(2)(a) of this section and the financial sanctions authorized by section 2929.18 of the Revised Code, order the person to pay to the state, municipal, or county law enforcement agencies that handled the investigation and prosecution the costs of investigation and prosecution that are reasonably incurred.

    The court shall hold a hearing to determine the amount of fine, court costs, and other costs to be imposed under this division.

    (3) In addition to any other penalty or disposition authorized or required by law, the court shall order any person who is convicted of or pleads guilty to a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit to the state under Chapter 2981. of the Revised Code any personal or real property in which the person has an interest and that was used in the course of or intended for use in the course of a violation of this section, or that was derived from or realized through conduct in violation of this section, including any property constituting an interest in, means of control over, or influence over the enterprise involved in the violation and any property constituting proceeds derived from the violation, including all of the following:

    (a) Any position, office, appointment, tenure, commission, or employment contract of any kind acquired or maintained by the person in violation of this section, through which the person, in violation of this section, conducted or participated in the conduct of an enterprise, or that afforded the person a source of influence or control over an enterprise that the person exercised in violation of this section;

    (b) Any compensation, right, or benefit derived from a position, office, appointment, tenure, commission, or employment contract described in division (B)(3)(a) of this section that accrued to the person in violation of this section during the period of the pattern of corrupt activity;

    (c) Any interest in, security of, claim against, or property or contractual right affording the person a source of influence or control over the affairs of an enterprise that the person exercised in violation of this section;

    (d) Any amount payable or paid under any contract for goods or services that was awarded or performed in violation of this section.

    Amended by 129th General AssemblyFile No.29, HB 86, §1, eff. 9/30/2011.

    Effective Date: 01-01-2002; 07-01-2007; 2008 HB280 04-07-2009.

    Lawriter - ORC - 2923.32 Engaging in pattern of corrupt activity.

    additional information:

    Lawriter - ORC - 2923.31 Corrupt activity definitions.

    According to Ohio law, it only takes two people to engage in a pattern of corrupt activity, and there is no requirement that the Defendant(s) be found guilty of any underlying criminal offenses.

    These two major differences in state and federal law has caused state law enforcement and prosecutors to overuse the Ohio RICO statute, especially in the run of the mill drug crime – trafficking and even simple possession.

    It is imperative that those individuals who may be under investigation or under arrest for state and/or federal RICO charges assert their right to remain silent and their right to an attorney.

    It does not matter whether he or she actually committed any crime, remaining silent until he or she has spoken with a competent criminal defense attorney is often the difference in finding the truth and/or successfully asserting a defense to such charges in Ohio.

    Convictions under the state and federal RICO statutes can lead to prolonged incarceration in state prison and even a life sentence in a federal penitentiary, loss of employment, loss of the right to vote and loss of the right to carry a firearm – just to name a few.

    Serious charge mate, especially in Ohio.
     
  5. army judge

    army judge Super Moderator

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    No worries, brother, I get it.

    I commented in my note above this reply on the charge.

    This is a tough nut in Ohio, so tough that the Feds charge under Ohio state law because a conviction is easier.

    Be advised, sometimes an undercover law enforcement agent is involved.

    Make sure you have a tough lawyer who will defend you aggressively.

    There is some wiggle room, if your lawyer knows the ropes.
     
  6. army judge

    army judge Super Moderator

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  7. zddoodah

    zddoodah Well-Known Member

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    No.

    Yes.

    ORC 2923.32.
     

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