Criminal Defense

DEA controlled substance registration is one of few valuable assets in your possession if you practice medicine. It so happens, that this possession and your practice may depend on the DEA’s good graces. There may be many circumstances under which the physician may lose the DEA registration, and sometimes it is out of his or her control. However, you should never voluntarily surrender it to the DEA as this will have a dramatic negative effect on your practice and career. Federal criminal and healthcare attorneys with Norman Spencer are here to help you when you are targeted by the DEA, no matter where you are.

How the DEA Targets Physicians

Most DEA-related problems begin with the investigation. You may be visited by a duo of DEA agents. They often visit medical practices during regular business hours, disregarding your schedule and the fact that you may be busy with patients. The agents will ask you if they can speak with you and of course, you agree. The interview begins, and you are asked many questions about your controlled substance prescribing practices. Like countless others before you, you think that this is just a regular review.

You have nothing to hide and are eager to provide the information to the agent. At some point during the interview, the DEA agent will tell you that you violated a variety of regulations and that you are going to face some serious consequences. However, to save you some trouble, the agent will suggest that you just surrender your DEA controlled substance registration certificate. Why would you do that? Because if you don’t, the agent informs you, “the DEA will revoke it.”

If you are like most physicians faced with this situation, you are likely baffled, terrified, and are afraid of what the future holds for you. Unable to deal with the stress, you are likely to take the good agent’s advice and just sign off at the bottom of the surrender page. Actually, unlike your expectations, this is when your troubles really begin. Norman Spencer Law Group DEA lawyers are here to make sure this does not happen to you!

Why is this a bad idea to take legal advice from the federal agents? The answer is obvious: would you take advice from a car thief on where to keep your car keys? Would you ask a cigarette seller whether smoking is bad for you? If you think the agent is your friend, you are wrong. Federal Agents are professionals trained and paid for building cases against their targets. They don’t solve your problems, they create them!

Why You Should Never Voluntarily Surrender Your DEA Certificate of Registration

This is why you should always refuse to surrender your DEA certificate of registration. There are three main reasons:

• First, if you surrender your DEA registration, you can rest assured that this will lead to further investigations and administrative action against your other assets such as your medical license by your state’s Medical Board.
• Second, in all probability, you are not able to restore your DEA controlled substance registration certificate.
• Third and final point: if you chose to fight the DEA, you can benefit from the long delays in the DEA adjudication process. In other words, you could be able to practice while your DEA matter is pending.

Can the DEA Revoke or Suspend Your DEA Registration?

It is possible the DEA will summarily suspend or revoke your DEA registration, but that cannot be done arbitrarily and capriciously. For that to happen, the government must establish that one of the following took place:

• You submitted materially false information on any application filed pursuant to or required by subchapter I of Section 823 the Title 21 United States Code Controlled Substances Actor subchapter II of this chapter.
• You have a felony criminal record relating to any controlled substance.
• Your medical license or registration was suspended, revoked, or denied in any state
• You are not authorized by state law to manufacture, distribute or dispense controlled substances or list I chemicals
• Your registration is not in the public best interest (usually because of certain acts you committed)
• You were excluded from participating in some federal programs.

Before the revocation, the Attorney General will serve you with an “Order to Show Cause” why your registration should not be denied, revoked, or suspended. At that time you will have 30 days to respond. If you received the DEA Order to Show Cause, call Norman Spencer Law Group right away!

In some “emergency” situations, the Attorney General is authorized to summarily suspend the registration as soon as the DEA initiates proceedings. This can be done if the government can demonstrate that there is an imminent danger to public health or safety. Therefore, if you chose not to voluntarily surrender your DEA certificate, the DEA will have no choice but to submit an order to show cause and give you an opportunity for a hearing.

On the other hand, if you surrender your DEA registration, you automatically give up the right to a hearing. It will be all over. You will have to wait until the criminal, civil, or administrative case against you (that triggered the DEA action) is resolved before you can reapply for your registration. This can take a really long time. During this period you will not be able to practice.

It is a known fact that the DEA adjudication process is notoriously slow and long. This means that cases involving DEA suspension, revocations, and registration denials can take years. The Office of Inspector General issued a scathing report pointing to the DEA inefficiency and bureaucratic hurdles that result in significant backlogs in the adjudication of the case pending before it. The DEA doesn’t need more pending cases resulting in even longer backlogs, and this explains why the DEA agents are notorious for pressing physicians into giving up their rights to a hearing.

If you need to choose between voluntarily surrendering your DEA Certificate surrender without a hearing and immediate suspension, we would normally advise you to request a hearing, because there is always a chance that the DEA is bluffing and will not file an immediate suspension order and also you may have a chance to prevail at the hearing. However, if you voluntarily surrender your license and later want to get it reinstated, these delays will complicate your ability to practice after your criminal, civil, or administrative matter is resolved.

A Voluntarily Surrender of DEA Certificate Could Trigger Actions  

When a healthcare practitioner voluntarily surrenders his or her DEA registration, that is likely to cause of snowball of collateral consequences. The worse and most likely result of a DEA registration surrender is that the local state board will take an action against the practitioner’s professional license, leading to revocation, suspension, or other negative results.

However, if you refusing to voluntarily surrender your DEA registration, one benefit will be delaying or perhaps even avoiding this snowball effect. Also, having an active DEA registration is required by most hospital credentialing bodies and medical insurers. You must have the DEA registration to be employed or to participate in the plan. If you voluntarily surrender your DEA registration, you will be reported to your credentialing body and medical insurers, which will result in a credentialing action and loss of privileges.

The main point to take home from all of the above is that voluntarily surrendering your DEA registration will not benefit you. Don’t listen to promises from DEA agents that it’s better for you to surrender the certificate. The only time a surrender could be beneficial to you is if your lawyer negotiates it as part of a global resolution where you will actually benefit from it.

We Can Help You With Your DEA Certificate Registration Problems Nationwide

When the DEA agent tries to sweet talk you into signing a “Voluntary Surrender of Controlled Substances Privileges”, do not buy it. Tell them that you will not sign anything before speaking with a lawyer and call the Norman Spencer Law Group attorney who has experience with DEA and criminal healthcare matters.

At Norman Spencer Law Group, our team of DEA defense attorneys represents healthcare practitioners in all DEA matters, from investigations to administrative and criminal actions. Our clients come from a wide array of healthcare disciplines. We defend physicians, pharmacies, and all other DEA registration nationwide from losing their DEA registration.

The national healthcare criminal defense lawyers at Norman Spencer Law Group have broad experience in all DEA matters, administrative and criminal such as drug trafficking and diversion and other matters.  Call us immediately to start protecting yourself!

If the act of producing documents will amount to testimony about the presence and location of potentially incriminating evidence, a grand jury witness could invoke the Fifth Amendment right against producing documents. It’s called the “act of creation privilege”.

However, if the government is already aware of the documents’ presence and position, the act of production lacks a testimonial component, and the witness is unable to invoke the Fifth Amendment. A witness must prove both (1) evidence and (2) compulsion to claim a Fifth Amendment right against record production. The Fifth Amendment protects you from being forced to testify against yourself, which is why both testimony and compulsion are needed.

How Does Taking the Fifth Amendment Work?

The witness must first describe the evidence in question. A document may be the equivalent of testimony in one of two ways: (a) the document itself may be the equivalent of testimony, or (b) the process of making it may be the equivalent of testimony. Also, there are two ways to compel a document. It is possible to force the witness to (a) make it, or (b) create it.

If the witness argues that the document itself is evidence, he or she must show that the document was produced under duress. If a document was produced willingly, or in response to a regulatory requirement, such as a tax return, it is not compelled.

The Supreme Court has ruled that the Fifth Amendment cannot be used to prevent compliance with a regulatory system, such as tax laws, that was enacted for a reason unrelated to the enforcement of the country’s criminal laws. A witness cannot object to the production of a document simply because it is self-incriminating whether it was made willingly prior to the subpoena or was made pursuant to a regulatory requirement.

When Does it Apply?

For the Fifth Amendment to apply, there must be coercion in the creation if there is no compulsion in the making. If the witness argues that producing the document is the same as giving evidence, he or she must clarify the testimonial aspects of the development.

When the government did not know the presence and location of particular incriminating records, and the witness, by producing the documents, effectively testified about their existence and location, the Supreme Court held that development has testimonial aspects. Here are two examples of the problem when generating documents is equal to testimony. The Supreme Court ruled in Fisher v. United States that creation did not equate to testimony but it also ruled in United States v. Hubbell that it did.

The government was aware of the presence and location of potentially incriminating records in Fisher. The government was aware of the existence of working papers prepared by the taxpayers’ accountants, as well as their position, which was with the taxpayers’ lawyers. The government then presented the lawyers with a summons for their appearance. The taxpayers’ assertion of Fifth Amendment protection was rejected by the Court, which ruled that the “life and position of the papers are a foregone conclusion” and that “the taxpayer contributes little or nothing to the sum total of the Government’s knowledge by conceding that he in fact has the papers.”

Has the Fifth Amendment Ever Been Breached?

In Hubbell, on the other hand, the witness contributed a great deal to the government’s knowledge by delivering the letters. The government served a subpoena in Hubbell, requiring the submission of records before a grand jury. The witness invoked his Fifth Amendment right to remain silent in the face of self-incrimination. As a result, the government granted immunity to the witness, who then released the papers. The government then used details taken from the records to prosecute the witness, and the Fifth Amendment was breached, according to the Court.

In comparison to Fisher, Hubbel’s prosecutor had no knowledge of the existence or location of incriminating records, and reacting to the subpoena was “akin to answering a series of interrogatories requesting a witness to reveal the existence and location of specific documents fitting those broad descriptions.”

The most important issue in production proceedings, according to both rulings, is whether the prosecutor was aware of the presence and location of incriminating records prior to the subpoena. The witness would not be allowed to use the Fifth Amendment right against development if the prosecutor is aware, but if not, the witness can assert the Fifth Amendment.

The Supreme Court held in Hubbell that the government bears the burden of proof on this crucial issue: whether the prosecutor knew. The government argued in Hubbell that respondents had to prove a substantial connection between the coerced testimonial contact and some part of the evidence used in the investigation or at trial. The government’s claim was dismissed by the Court, which ruled that the government could prove that its testimony came from sources completely apart from the immunized correspondence. In Hubbell, the prosecution acknowledged its lack of prior knowledge as well as its unauthorized use of the records.

Document Production by Corporate Officers or Corporations

Corporations and other collective organizations, such as unions and partnerships, are not covered by the Fifth Amendment, according to the collective entity doctrine. Only their officers and employees may work on behalf of these companies and other collective bodies. According to the doctrine, workers and officers cannot assert the Fifth Amendment right on behalf of the company. The doctrine applies regardless of the size of the company or relationship. Due to the collection agency doctrine, a company’s right to assert the Fifth Amendment protection is solely contingent on its organizational structure.

If a company wishes to incorporate or form a relationship, it would be unable to assert the Fifth Amendment later. If it wishes to form as a sole proprietorship, however, its owner may claim Fifth Amendment protection. As a result, the application of the Fifth Amendment would depend on the nature of the business enterprise, which is generally made without regard for the Fifth Amendment.

Fifth Amendment Privileges

A corporate custodian of documents cannot object to a grand jury subpoena for corporate records by citing the Fifth Amendment right on behalf of the company because the corporation has no Fifth Amendment privilege.

Also, a corporate custodian cannot refuse a subpoena for corporate documents by claiming his or her own Fifth Amendment right. Even if the records would incriminate the individual and the custodian is the sole shareholder, the custodian cannot object to the creation of corporate records. Since the custodian keeps the corporate records in a representative, not a personal capacity, the custodian cannot claim personal privilege.

If you have been subpoenaed by the federal government, speak to nationwide federal criminal attorneys at Norman Spencer PC today to protect your rights!

Every year thousands of health care providers from all industries become targets of government investigators. Our firm, Norman Spencer Law Group has been defending physicians, PTs, pharmacies, medical groups, nursing agencies, home health agencies, durable medical equipment suppliers, laboratories, therapists, billing services, and many others for years.

We provide advice for the healthcare professionals whose employees come in contact with government investigators. If you train your employees to follow them and remember to follow them yourself, the outcome of your case will be much better. Contact us as soon as you believe you may be under a government investigation.

What to Do When a Government Investigators Contact You or Your Employees

There are many ways you may find out about a government investigation. You can get a call or a visit, usually without any prior notice. The investigators may visit you or your employees at home or work and start asking questions.

This is a perilous situation and you must be prepared for it. We recommend that you provide cooperation, however, it is even more important to protect your rights and the rights of your employees. At this time you do not know what is really happening and you should assume that there is an active investigation is in progress. Your job is to minimize any potential liability. The best way to do this is to contact an experienced defense lawyer such as the one you will find at Norman Spencer Law Group.

Train Your Employees

If you have employees, it is important that you train them to deal with government agents. Of course, the level and the scope of this training depending on the size of the practice of the business. Larger entities should have a Government Investigation Procedure Policy. If you are a smaller business, something less formal should be enough. Norman Spencer Law Group can assist you in both drafting the Investigation Policy and educating your employees on-site.

Avoid Obstructing Government Investigators

This is very important. You should not do anything the government could see as obstructing their investigation. In larger entities, employees should be trained to report any government interactions to a designated person. This could be the compliance officer or another supervisor. In smaller settings, the employee should report to the owner, the manager or the supervisor. Please remember that you are not allowed to tell your employees not to talk to investigators. This may be considered obstructing justice or witness tampering.

Follow These Basic Rules

To make it easier, these are the basic rules we recommend employees to follow (this also applies to anyone contacted by government investigators):

• Train employees to be polite and cooperative. Tell them that they are not required to speak with investigators. They are not required to make any statements without consulting with a lawyer first. If they do volunteer information, they can stop speaking at any time. Of course, this applies to you, too!
• You should also tell them that if they refuse to speak with the investigators, the government could potentially subpoena them. However, they would still have the right and the opportunity to seek legal advice. The Fifth Amendment protection will be a useful tool at that time!

Always Speak to a Lawyer First

No one should ever lie to government investigators. That would make the situation worse and could subject you and your employees to criminal prosecution. Always stress to your employees that they have a right to a lawyer at all times and that should always consider speaking to a lawyer before agreeing to an interview – for their own protection.

Of course, legal services cost money and may be expensive. Many employees may not be able to afford an attorney or may not be necessarily willing to hire one even if they could afford it. Some employers may even pay for the legal services in this situation. The lawyer, of course, will only represent the employee, to avoid any conflict of interests.

The point to take away is this: anyone who agrees to be interviewed by government agents before speaking to a lawyer only has himself or herself to blame for the consequences.

Obtain Information From the Government Investigators

Always ask the agent for basic information such as the one that appears on a business card. You want to know their names, titles, the agency they work for, and the contact information. Ask them for the reason for wanting to speak with the employee (or you). Don’t expect them to share anything detailed, but this could provide some useful information for the attorney when you reach out to one.

Call the Compliance Officer or Lawyer Immediately

Instruct your employees to immediately call the compliance officer (or whoever is the designated person for this in the business) and an attorney. Make sure that the records and documents do not get destroyed when you know there is an investigation. Following these rules can save you and your employees a lot of problems down the road.

Remember to always be polite to the agents, take their business cards, and tell them that your lawyer will call them shortly. Train your employees to follow these steps. Then call our office to speak with one of our healthcare defense lawyers.

How Norman Spencer Law Group Can Help You

We are a team of experienced criminal defense attorneys who have handled hundreds upon hundreds of healthcare fraud and compliance investigations. No matter where you are, we can help you as we helped countless others over the years.

If you retain us early in the case, hopefully before you volunteer any information, we can work quickly to protect you and mitigate any potential liability you and your business may have.

It only takes one phone call to speak with a lawyer and get the best service you can get.

If you are a healthcare provider and government investigators visit you, be aware! Speaking with them and giving them any records can seriously jeopardize you. Norman Spencer Law Group federal health providers attorneys are here to protect you. Call us before as soon as you know you are under investigation!

Visits to Health Providers by Federal Agents and Investigators

Government agents often pay visits to healthcare providers’ places of business – without prior notice. Sometimes they want to talk, and in many cases, they ask the provider to give them documents. If this happens to you, you need to be prepared. Read on. In this short guide, we share the best advice on how to handle government investigators who seek documents.

When Health Providers Are Served a Subpoena

If government investigators show up at your clinic looking for documents, you need to know if they have a subpoena or a search warrant. There is a difference. A “subpoena” is a written demand signed by a judge. It orders you to produce documents or even testify at the grand jury. If the agents serve you with one, you need to show it to an experienced lawyer immediately. There are different ways to handle subpoenas and an early start is always helpful.

What is a Search Warrant?

Unlike the subpoena, which the government uses to fish for evidence, prosecutors use a search warrant where they believe they will find evidence of the crime. All they have to do is go to court and convince the judge that there is probable cause that evidence of a crime will be found.

With the search warrant, agents have the right to enter private property without notice or permission. They can look for evidence of criminal activity, and seize the documents listed or described in the warrant. This is an important point to remember. The agents cannot seize anything they want, only what the warrant identifies. Also, they may only search the premises listed on the warrant.

During the search, the employees do not have to speak to the investigators. However, they have to turn over the documents specified in the warrant. Search warrants usually happen during regular business hours and cause tremendous stress and disruption. If the government investigators are at your door with a search warrant, call our law firm immediately.

Larger entities may have developed protocols for cases like this. Smaller providers are generally unprepared. It is not much you can do to prevent the agents from searching your premises, but following these simple steps will help and help you protect your rights, the rights of your employees, and your business.

As Health Providers, Be Prepared

This is crucial that you call legal counsel as soon as you see the investigators at your door and see the search warrant. If possible, ask the lawyer to come to your business. Because it is often impossible, ask the agent to tell the lawyer what documents and premises the warrant specifies.

You should instruct your employees to be prepared for such events. If you are not on the premises when the agents arrive, the employee should call you immediately and ask the agent to wait for you to come.

Hopefully, you already have an attorney on the retainer. If this is the case, make sure the employees know the attorney’s name and contact information. They should inform the agents that they would contact a lawyer. That does not mean the investigators will wait for the lawyer or you to arrive, but they may.

If you see the agents, you should tell them that you want to speak you’re your attorney. If they refuse, tell them that this is a violation of your constitutional rights.

Protect Your Employees  

You should tell the investigators to direct all questions to your attorney. Ask them not to interview your employees without a lawyer. Let the agents know that the employees have no authority to consent to any search or seizure. Moreover, you should instruct your employees not to make any statements to the investigators that could be interpreted as giving consent to searching beyond the scope of the warrant.

Remember that you are not allowed to tell your employees not to speak to the agents, but you can certainly tell them that they have the right to have their attorney present and that that they are not required to speak with the agents other than as required to help the agents conduct the search as the specified in the warrant.

It is a good idea to send most staff home for the day except for some people who would watch the agents. You should never leave the investigators alone. Always make sure they are watched. And make sure that no employee is left alone with them.

Cooperate as Health Providers to the Extent Required

You and your employee should cooperate with the investigators. However, that doesn’t mean that you should do something beyond of what you have to.

Here are the things you should never do during the search. First, do not speak with the agents under any circumstances. Second, do not attempt to interfere with them by hiding or destroying any documents, or denying them access. If you speak with them, you could incriminate yourself. If you interfere, you will be charged with obstruction of justice.

Get a Copy of the Search Warrant Affidavit

A search warrant affidavit is a document which prosecution needs to show the court to demonstrate why they believe they need a search warrant. Usually, one of the agents on the case will prepare and sign it. Under the law, you have the right to have the copy of this affidavit. The agents will give you a copy during the search. Have it handy when you speak with a lawyer, hopefully before the search begins.

A Search of Privileged Documents

The agents are not allowed to exceed the scope of the warrant. If they do, object and tell them that they are not supposed to do that. Make sure the agents do not search privileged information. This includes attorney/client communications or attorney work product documents.

If you have been speaking with an attorney before the search, under some circumstances, the attorney could protect some of the most sensitive documents by arguing that the documents are privileged.

Keep Track of All Health Providers Documents  

Ideally, you should be keeping track of anything you give the agents. You should always try to make copies of all documents so that your attorney can have them. You will also need many documents, such as medical records, to run your practice. So, document management is extremely important.

What Norman Spencer Law Group Can Do

When the government raids your practice, we need to deal with this the best we can under the circumstances. Our lawyers will call the prosecutor immediately to discuss the terms and scope of the subpoena or warrant. We will also try to find out the nature of the investigation and whether the prosecutors see you as the target or subjects of their investigation.

We could ask the government to stop the search. If successful, we can negotiate alternatives to the search and seizure. If they refuse, some of the available options are asking for the delay so that we can ask the federal court to hold an emergency hearing for a stay of execution of the warrant.

That would give us time until the full hearing.

Our criminal defense lawyers will do what is necessary to negotiate an acceptable solution with the government so that your business operations are not disrupted and you get resume work

Call our HealthCare Defense team as soon as the search begins or ends. The sooner you retain us the better the outcome of your case will be. Norman Spencer Law Group is dedicated to protecting the rights of healthcare providers anywhere in the country. Call us today to speak with one of our lawyers!

Even though the defense provided by the Fifth Amendment does not apply to corporations, the Fourth Amendment’s protections, on the other hand, do apply. Grand jury duces tecum subpoenas would be struck down if the terms are far too broad to be considered fair under the Fourth Amendment.

A court can only quash an otherwise lawful grand jury subpoena on the grounds that it is excessively burdensome if there is a strong showing of the government’s unreasonableness and abuse of process.

What Are Reasonable Duces Tecum Subpoenas?

The three-pronged test of reasonableness used by federal courts is as follows:

1. The subpoena must command only the processing of materials related to the investigation
2. The subpoena must define the materials to be generated with some specificity
3. The subpoena must ask for materials covering only a reasonable period of time

It’s important to note that the relevancy and materiality tests used to determine the reasonableness of subpoenas served at trial are more rigorous than those used by grand jury subpoenas. A grand jury doesn’t have a catalog of what books and papers exist, and it doesn’t have any way of knowing what they’re about. As a result, it’s unlikely that it’ll be able to specify exactly what it wants. Since the grand jury’s quest for probable cause has no limitations other than that of a rational pursuit, it has a right to a fair margin of scope for evidence, notwithstanding Fourth Amendment objections.

Scope of Grand Jury Subpoenas

In its quest for documents that may help in its investigation, the grand jury has the right to do any exploring or fishing. Arguments on validity are particularly difficult to create because a grand jury subpoena does nothing more than define, for example, 18 U.S.C. ß 371 (the federal conspiracy law) as the statute by which the prosecutor is investigating.

There is, however, a limit on how far a “fishing expedition” will be tolerated. In Schwimmer v. United States, a subpoena directing an attorney to appear before a grand jury and bring with him “all books, records, files, logbooks, diaries, memoranda, correspondence, and other documents” with no time limit was found to be excessive.

The court held that a subpoena ordering an attorney to appear before a grand jury and carry with him all documents relating to eight designated joint projects, where some of the papers were over ten years old and filled four to six legal size file drawers, was overreaching and would be quashed.

When Duces Tecum Subpoenas Can Be Quashed

A court can only quash a subpoena if it is obvious that the subpoena is too wide. A subpoena cannot be quashed solely on the basis of the amount of information requested. In a subpoena duces tecum demanded the creation of “the contents of all three file cabinets” at a given address before a grand jury in connection with a fraud inquiry. The court narrowed the scope of the subpoena so that the government would have to prove that any document dated before the year in which the alleged fraud began was appropriate. The burden of proof for papers dated after that will be on the owners to prove that the records had no conceivable connection to any valid investigation target.

It seems that a warrant would not be quashed if there is a proper time limit. In another Supreme Court case, a grand jury subpoena duces tecum requesting “all documents relating to the operation of the process needed to be maintained… pursuant to New York City Department of Consumer Affairs Rules and Regulations relating to process servers from April 1, 1970, to the present” was found not to be quashable on the ground that it was overbroad.

In In re Grand Jury Investigation (Local 542-International Union of Operating Engineers), the union’s motion to quash a federal grand jury subpoena duces tecum requiring the creation of “all original books and documents of above-referenced organization for the period January 1, 1972, through June 30, 1974” was rejected on the grounds that it was unfair and too large.

A subpoena demanding the production of nearly all of the witness’s law firm’s financial transactions for a period of 51/2 years did not breach the Fourth Amendment in En re Berry, despite the fact that it was too large.

The New Jersey Superior Court recognized in In re Grand Jury Subpoena Duces Tecum, that a grand jury should be given wide leeway in conducting its inquiry: “If the investigation is to be substantive, some discovery or fishing must be inherent and entitled to occur in all documentary production pursued by a grand jury.”

Our Defense Lawyers Handle Duces Tecum Subpoenas

Thus, it appears that a subpoena duces tecum will be quashed when it is extremely broad in time limitation as well as scope. However, reasonableness under the Fourth Amendment must be determined by the facts of each case. As stated in Schwimmer: “The constitutional safeguard against unreasonable searches and seizures is more than a reach at mechanics in the process. It is concerned with intrinsic as well as extrinsic aspects, and its look is a reality, not theory, in respect to the whole of what is being done.”

If you are facing a federal grand jury, please call federal criminal lawyers with Norman Spencer PC to speak with a defense attorney today.

The Racketeer Influenced and Corrupt Organizations Act, (RICO), provides for ways for the government to deal with organized crime, as well as otherwise legitimate companies involved in criminal activities. RICO crimes can destroy or tarnish the reputations of individuals or companies.

Individuals facing RICO charges have quite a hill to climb when it comes to defending themselves in court. Especially, when you consider that RICO charges carry draconian penalties such as years or even decades behind bars. The right lawyer can really make the difference between prison and freedom. At Norman Spencer Law Group, our goal is to achieve the optimal results for our client, no matter what it takes.

What Types of Crimes Does RICO Cover?

As with many other federal crimes, the RICO act in reality is an umbrella that covers a wide variety of criminal acts. Just some of the crimes that are included under this statute are things like drug offenses, security fraud, bribery, illegal gambling, and others. In order to convict, prosecutors have to prove that the defendant committed at least two of the crimes listed there, or two counts of the same crime, all within a set period of time.

What is RICO Conspiracy?

Conspiracy to violate the RICO act is another crime that defendants can face. It might seem like this could instead fall under the general federal statute of criminal conspiracy, but there are a few key differences that separate the two charges.

One of the biggest differences lies in the objective of the conspiracy. In a regular federal conspiracy case, all of the defendants have to agree to and work toward a single objective. However, in a RICO case, the defendants can be working towards separate objectives and still be charged as a group. So for instance, one defendant could’ve been trying to engage in racketeering while another was bribing an official or committing some other type of fraud. Even so, they could all be charged in the same case.

Another important point to make here is that every conspirator does not need to know what other conspirators were doing in order to be successfully convicted of RICO conspiracy. On top of that, no actual crime even needs to be committed. It’s agreeing on the crime that constitutes a crime. For these reasons and many more, prosecutors will often turn to charges of RICO conspiracy, especially if they’re not able to successfully pursue other charges.

Consequences of a RICO Crimes Conspiracy Charge

The criminal penalties for a charge of RICO conspiracy can be quite severe. Along with the potential for steep fines, defendants can also expect to face around 20 years in prison, with some defendants even facing life in prison, depending on the charge involved. Funds and properties can also be forfeited, and fines can easily reach $500,000 in some cases.

When you add onto this the fact that prosecutors can and often do add multiple charges to a single defendant, with each charge carrying the possibility of years if not decades of prison time, it’s abundantly clear that anyone facing criminal charges related to RICO conspiracy need to secure competent legal representation immediately.

Who to Turn to for RICO Crimes Defense

There is no shortage of defense attorneys and law firms for you to choose from. It’s already an overwhelming situation to be brought up on federal criminal charges. So, when you add to that the stress of having to find an attorney who can get you the help that you need, it would be much easier if the choice was just a little clearer.

It’s not enough for a law firm to have experience defending cases in court. Many lawyers have years of experience at the state level. That just won’t do. The federal court system is quite different. The penalties, prison sentences, and stakes are far higher there. You need to know that your attorney has a proven track record of success in cases like yours. You want to know that they have the time and resources to successfully represent you and defend your case.

The Norman Spencer Law Group Can Help

The Norman Spencer Law Group has years of experience defending federal criminal cases. There’s no case too big, no case too complex.  When you choose us, you’re choosing a group of defense attorneys who focus on one-on-one service for every single client. What that means for you is that your success is our priority. That starts with our accessibility options. We have the ability to host remote legal consultations through popular platforms like Zoom, Skype, and Google Duo.

We can help you no matter where you might be in the country. So if you’re facing any sort of legal trouble, get in touch with the Norman Spencer Law Group today. We will get back to you today and help you!