Enterprise Corruption
For many years, the organization known as 'the black hand', the 'mob', the 'mafia' and other street names operated in the shadows and alleys of the cities, extending its influence into industries, individuals and even cultural norms. It wasn't until the mid-20th Century that law enforcement began to place a priority on prosecuting those associated with this largely-secret society, and once that began to happen, prosecutors and the police soon discovered that making arrests and successfully prosecuting those accused of running these organizations was extremely difficult.
The leaders of these organizations made sure to never become directly involved with any overt criminal acts, thereby creating a degree of separation that prevented direct proof of their guilt from being offered to a judge or jury. In response to this reality, the New York legislature began to pass new laws, one of which was designed to prevent and enforce enterprise corruption.
The Enterprise Corruption Statue in New York
Below is a brief excerpt from the New York statute on enterprise corruption:
A person is guilty of enterprise corruption when, having knowledge of the existence of a criminal enterprise and the nature of its activities, and being employed by or associated with such enterprise, he:
- intentionally conducts or participates in the affairs of an enterprise by participating in a pattern of criminal activity; or
- intentionally acquires or maintains any interest in or control of an enterprise by participating in a pattern of criminal activity; or
- participates in a pattern of criminal activity and knowingly invests any proceeds derived from that conduct, or any proceeds derived from the investment or use of those proceeds, in an enterprise.
Application
As you see, the statute that was passed is purposely loose in its language, and that's been done to give investigators and prosecutors a bit of latitude to enforce the law as the criminal enterprises in question change and operate in new and more indirect ways. Conviction of a violation of this statute will be recorded as a Class B felony, which means that the defendant will face a substantial fine and several years in prison. It's also quite common for those who have been found to have violated this statute to be prosecuted for tax evasion on both the state and federal levels, exposing the defendant to additional criminal liability.
If any of this sounds familiar to you, the first step you should take is to secure a strong criminal defense attorney to begin the process of building your case and asserting your Constitutional rights. Contact the Blanch Law Firm today to schedule an initial consultation.
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