Drug and Human Trafficking
RICO Law | Norman Spencer Law Group PC

Drug and human trafficking are among the most aggressively prosecuted crimes under RICO law due to their organized nature and widespread impact. These offenses often involve networks of individuals operating across multiple states or even internationally, making them ideal targets for RICO prosecutions. The statute allows federal authorities to bring charges not just against individual traffickers but also against those who facilitate or financially benefit from the operation.

To convict a defendant under RICO law, prosecutors must prove a pattern of racketeering activity, meaning at least two predicate offenses occurred within a ten-year period. Because drug and human trafficking often involve ongoing criminal conduct, these cases frequently meet the threshold for RICO charges.

Drug trafficking organizations (DTOs) are among the most common targets of RICO prosecutions. These groups operate large-scale drug distribution networks that often involve multiple levels of involvement, from suppliers and manufacturers to street-level dealers. RICO law applies to drug trafficking operations in several ways:

• Coordination Between Multiple Individuals: Drug rings typically involve suppliers, transporters, distributors, and enforcers working together to maintain operations. RICO allows the government to charge the entire network rather than prosecuting individuals separately.
• Violence and Intimidation: Many drug trafficking organizations use violence to protect territory, enforce debts, or eliminate competition. Acts of murder, assault, and kidnapping carried out as part of drug trafficking can serve as predicate offenses under RICO.
• Money Laundering and Financial Crimes: Illicit drug profits often require laundering through shell companies, offshore accounts, or real estate transactions. These financial activities can serve as additional RICO predicate offenses, strengthening the prosecution’s case.

Federal authorities frequently use RICO law to charge major drug cartels, street gangs, and organized criminal enterprises involved in narcotics distribution. Because these cases often span multiple jurisdictions, RICO allows prosecutors to consolidate charges into a single indictment.

Human trafficking is another serious crime prosecuted under RICO when it is carried out as part of an organized enterprise. Human trafficking involves the exploitation of individuals for forced labor, sexual exploitation, or other forms of involuntary servitude. RICO charges often apply when trafficking networks exhibit:

• Structured Operations: Large trafficking organizations often function like businesses, with recruiters, transporters, enforcers, and financial managers. RICO allows prosecutors to target all individuals involved in the enterprise.
• Cross-Border or Multi-State Activity: Human trafficking frequently involves moving victims across state or national borders, making it eligible for federal prosecution under RICO.
• Use of Coercion and Fraud: Many trafficking operations rely on deception, threats, or violence to control victims. Acts of fraud, extortion, and forced labor serve as predicate offenses under RICO.
• Ties to Other Criminal Enterprises: Human trafficking networks are often linked to drug cartels, organized crime groups, or fraudulent financial schemes. These connections can provide the basis for a broader RICO indictment.

Human trafficking cases prosecuted under RICO law often involve extensive investigations, including surveillance, financial tracking, and witness testimony. Convictions can lead to severe penalties, including life sentences for those found guilty of operating trafficking networks.

Because RICO law casts a wide net, individuals who may not have directly engaged in trafficking but assisted in its facilitation—such as those who provided funding, transportation, or fraudulent documents—can also face charges. At Norman Spencer Law Group PC, we understand the complexities of RICO cases involving human trafficking and examine the specific circumstances of each case to determine the best legal approach.

Being accused of drug or human trafficking under RICO law can be overwhelming due to the complexity of these cases and the severe penalties involved. Prosecutors often use RICO to target not just those directly engaged in trafficking but also individuals who may have provided logistical support, financial backing, or even unknowing assistance to an alleged criminal organization.

At Norman Spencer Law Group PC, we understand that every RICO case is unique and requires a defense strategy tailored to the specific circumstances of the allegations. RICO prosecutions involve extensive evidence, including surveillance, financial records, and testimony from cooperating witnesses. A strong defense challenges the government’s ability to prove a pattern of racketeering activity and the existence of a criminal enterprise.

1. Challenging the Enterprise Allegation – RICO law requires the prosecution to prove that a structured organization was engaged in criminal activity. If the defense can demonstrate that no such enterprise existed—or that the defendant was not part of it—the RICO charges may not hold.
2. Disputing the Pattern of Racketeering Activity – To secure a RICO conviction, the government must prove a pattern of at least two related criminal acts within ten years. If the defense can show that the alleged offenses were isolated incidents or unrelated actions, this weakens the prosecution’s case.
3. Attacking the Predicate Offenses – Each RICO charge is built on specific predicate offenses, such as drug distribution, money laundering, or forced labor. If any of these underlying charges are dismissed or disproven, the entire RICO case may collapse.
4. Proving Lack of Intent or Involvement – Many individuals caught up in RICO prosecutions were not directly involved in trafficking but are accused based on their connections to an organization. Demonstrating that a defendant had no knowledge of illegal activities can be a crucial defense.
5. Questioning Witness Testimony and Evidence – RICO cases often rely on testimony from cooperating witnesses, who may have incentives to provide false or exaggerated statements. Additionally, digital and financial evidence used to establish a conspiracy may be misinterpreted or flawed.
6. Challenging Asset Forfeiture and Civil Penalties – Prosecutors aggressively pursue forfeiture of assets linked to trafficking operations, but not all seized property is legally tied to criminal activity. Defense attorneys can challenge these seizures to protect a defendant’s financial interests.

Given the aggressive approach federal authorities take in RICO drug and human trafficking cases, mounting a strong legal defense is essential. Norman Spencer Law Group PC works closely with clients to analyze every aspect of the case and explore all available legal options.