51 Los Angeles Gang Member Indictment For Racketeering Could Lead to Forfeiture Proceeding
A recent massive 51-person federal indictment was handed down against members of the Azusa 13 street gang, alleging harassment and violence against African Americans, The Los Angeles Times reports.
As in many crimes where money, property or something of value was purchased with proceeds from the crime, prosecutors could attempt to go after the defendant after a conviction in what's called a forfeiture proceeding in Los Angeles. These are often separate, civil filings that require a tough Los Angeles Criminal Defense Attorney to fend off the state. Because they are often separate, defending your rights to your property requires a separate defense action.
Many times, forfeitures and seizures of property happen if you haven't even been charged with a crime. Police can take your house, car, cash and boat and can keep it as long as they want, unless you file a claim to get it back.
In the Azusa 13 case, news reports indicate the harassment and violence against blacks was designed to monopolize drug sales in the city as directed by leaders of the Mexican Mafia prison gang. Among other charges, the 24-count indictment includes allegations under RICO, the Racketeering Influenced and Corrupt Organization Act.
RICO charges were originally used to prosecute those involved in organized crime, but have been used more recently in gang-related cases and white-collar crime. It gives prosecutors the ability to prove guilt by association, but it also opens up the possibility of forfeiture proceedings.
A RICO case in Los Angeles was detailed in a posting by Los Angeles Criminal Defense Lawyer Blog when dozens of gang members were arrested in connection with crimes related to murder, drug trafficking and racketeering in February.
Under California law and federal law, prosecutors have leeway to try to prove that anything purchased was a derivative of racketeering. For instance, if someone is charged with racketeering as part of a business and bought a home, a house, a boat and other property, the government can attempt to take all of it away if they can prove to a judge it was purchased with ill-gotten funds.
And while a family member may have bought the property with their own money, it could get swept up in a forfeiture proceeding. That's why hiring an experienced Los Angeles federal crimes lawyer can help you not only defend the original charge, but also the forfeiture the government may come at you with next.
Both California law and federal law is very complex and far-reaching in this area. Both contain dozens of examples of types of property that may be seized, what the exceptions are and the time limits for which a person can try to defend themselves. Hiring forensic accountants could be critical to proving whether ill-gotten funds were used to buy the possessions the government wants to take from you. But this can't be done alone.
