Schiller McMahon’s former Major crimes and gang prosecutors are intimately familiar with how the Government conduct high-level investigations, including Racketeering, Conspiracy and Wiretap investigations, having actively participated and prosecuted these matters while former prosecutors.
The level of detail and depth that accompanies a major investigation, such as a racketeering or wiretap investigation, is unparalleled, and having a team of prosecutors who know where, when and how to look for things, what issues and motions are appropriate, and how to communicate persuasively with prosecutors and Judges is critically important in defending against such serious charges.
Under N.J.S.A. 2C:41, the New Jersey Legislature has criminalized racketeering activity with an enumerated list of criminal offenses which constitute racketeering activity. Racketeering, made popular by the term, RICO, is often used by prosecutors to maximize punishment and target organized crime, often committed by various security threat groups such as criminal street gangs or conspiracies. RICO is a first degree crime in New Jersey.
RICO charges often stem from high-level investigations, including Wiretap investigation pursuant to N.J.S.A. 2A:156A. Wiretaps allow law enforcement, once certain requisite statutory requirements have been met, to apply to a State Superior Judge for authorization to engage in a wiretap, which can include the interception of phone communications, text or photo messages, e-mails and other forms of communication interceptable by wiretap.
Civil or Asset Forfeiture:
Following RICO or wiretap investigations, the Government will often freeze the assets of targets, thereby making the ability to retain counsel or even pay bills virtually impossible, including for an accused’s immediate family members or children.
With increasing debt, our Government has sought to collect from its citizens in new and inventive ways, including the use of freezing assets and civil forfeiture statutes, which have become the focus of recent scrutiny because they are often used to abuse citizens of low-income and disproportionally impact persons of color.
In New Jersey, civil forfeiture is governed by N.J.S.A. 2C:64, which allows the State to institute separate civil proceedings to seize property, including money, vehicles, computers, jewelry, or any other tangible or intangible property.
Fortunately, Schiller McMahon’s former Prosecutor’s are trained in the intricacies of the statute and prepared to fully litigate any frozen assets or civil forfeiture claim which adjoins or is separate and apart from a criminal action. Contact us today to make sure the Government does not try to take just your freedom, but your money, house and car, as well.