Racketeering Defense Lawyers
Charged under Arizona’s racketeering (RICO) statute, A.R.S. § 13-2312? Racketeering, illegally controlling or conducting an enterprise through a pattern of offenses, is a Class 3 felony that brings aggressive asset seizure and forfeiture under A.R.S. § 13-2314. These sprawling cases are built on a “pattern” theory that is often the weakest link. Do not let the State freeze your assets or define the enterprise unchallenged, call a defense lawyer immediately.
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What Is Racketeering Under Arizona Law?
Quick answer: Arizona’s RICO statute, A.R.S. § 13-2312, makes it a crime to acquire or maintain control of an enterprise, or to conduct an enterprise’s affairs, through racketeering, defined in A.R.S. § 13-2301 as a pattern of specified offenses (fraud, theft, drug, money-laundering, and other “predicate” crimes) committed for financial gain. It is a Class 3 felony. The hallmark of a racketeering case is asset seizure and civil forfeiture under A.R.S. § 13-2314, which can freeze businesses, accounts, and property before trial. The State must prove an enterprise, a pattern, and your knowing participation, each of which is contestable.
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Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending racketeering and other white-collar cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is Racketeering Under Arizona Law?
- Is racketeering a felony in Arizona?
- How much prison time does racketeering carry in Arizona?
- What does the State have to prove in a racketeering case?
- Can the State take my property in a racketeering case?
- How do you get seized assets back in a forfeiture case?
- Is Arizona racketeering the same as federal RICO?
- How the Charges Stack in a Racketeering Case
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with racketeering in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 13-2312, the penalties, and the defenses that matter most.
Is racketeering a felony in Arizona?
Yes. Illegally conducting or controlling an enterprise under A.R.S. § 13-2312 is a Class 3 felony. It is almost always charged with Class 2 predicate offenses like fraudulent schemes (A.R.S. § 13-2310) and money laundering (A.R.S. § 13-2317), so the combined exposure is what matters most.
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When you are looking for the best Phoenix white collar lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
How much prison time does racketeering carry in Arizona?
A standalone Class 3 racketeering count carries roughly 2 to 8.75 years for a first offense and is probation-eligible. Because racketeering travels with Class 2 predicates running about 3 to 12.5 years, and with aggressive forfeiture, the stacked counts and asset seizure typically drive your real exposure. Federal RICO under 18 U.S.C. § 1962 can reach up to 20 years.
What does the State have to prove in a racketeering case?
The State must prove an enterprise (a real, ongoing structure, not just a label), a pattern of related and continuous predicate offenses committed for financial gain, and your knowing participation. Mere employment or association with a business is not enough. Each of these elements is contestable, and defeating the predicates or the “pattern” can collapse the entire racketeering theory.
Can the State take my property in a racketeering case?
Yes. Racketeering carries aggressive asset forfeiture under A.R.S. § 13-2314, which can seize and freeze your business, bank accounts, vehicles, and real estate alleged to be connected to racketeering — often before any conviction. Strict deadlines apply to contest it, and the forfeiture is frequently more damaging than the sentence itself.
How do you get seized assets back in a forfeiture case?
By filing timely claims in the forfeiture proceeding, asserting innocent-owner and third-party rights, and forcing the State to prove the connection to racketeering. A forensic accountant can expose broken tracing chains and commingling that defeat the State’s theory. We litigate the forfeiture alongside the criminal case to protect both your freedom and your assets.
Is Arizona racketeering the same as federal RICO?
They are similar but separate. Arizona’s RICO statute (A.R.S. § 13-2312) parallels federal RICO (18 U.S.C. § 1962), and larger or interstate cases may be charged federally with up to 20 years of exposure plus civil treble-damage liability. The same conduct can also draw immigration consequences and loss of professional and business licenses, so we assess both fronts from the start.
How the Charges Stack in a Racketeering Case
Racketeering itself is a Class 3 felony, but it travels with Class 2 predicates and forfeiture, so the combined exposure is what matters.
| Statute | Role | Felony Class | Notes |
|---|---|---|---|
| A.R.S. § 13-2312 | Racketeering (RICO) | Class 3 | 2 – 8.75 years |
| A.R.S. § 13-2310 | Fraudulent schemes (predicate) | Class 2 | 3 – 12.5 years |
| A.R.S. § 13-2317 | Money laundering (predicate) | Class 2/3 | + Forfeiture |
| A.R.S. § 13-2314 | Forfeiture / civil RICO | (Remedy) | Pre-trial seizure |
| 18 U.S.C. § 1962 | Federal RICO | Felony | Up to 20 years |
*Ranges are for a first offense and vary with priors and aggravators. Racketeering forfeiture can reach the enterprise and proceeds regardless of the criminal sentence.
What the State Must Prove for Racketeering
To convict you of Racketeering under A.R.S. § 13-2312, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1An enterprise. An ongoing business or association existed as a real structure, not merely a label the State applies.
- 2A pattern of racketeering. Related, continuous predicate offenses, not isolated or unconnected acts, were committed for financial gain.
- 3Control or conduct. You acquired/maintained control of, or conducted the affairs of, the enterprise.
- 4Knowing participation. You knowingly participated in the racketeering, mere association or employment is not enough.
Examples of Conduct Charged as Racketeering
- Running a business as a front for ongoing fraud or theft
- Coordinating a fraud ring across multiple people and accounts
- Organized retail theft or trafficking operations
- Laundering the proceeds of a pattern of crimes through an enterprise
- Using a company to repeatedly defraud investors, lenders, or programs
What Sentence Could You Actually Face?
A standalone racketeering count is a probation-eligible Class 3 felony, but the Class 2 predicates and aggressive forfeiture drive the real exposure, financially and in prison time. Defeating the pattern and protecting assets are the central goals.
Class 3
Racketeering Count
Class 2
With Predicates
Forfeiture
13-2314 / Federal
⚠ Forfeiture Is the Real Battle
In racketeering cases, the State’s forfeiture power under A.R.S. § 13-2314 is often more damaging than the sentence, it can freeze the business, the bank accounts, and the property that fund your defense and your life. Forfeiture runs on strict deadlines, and innocent-owner and third-party claims must be filed promptly. We fight the criminal charge and the forfeiture together, to protect both your freedom and your assets.
How We Fight Arizona Racketeering Cases
Every case has weak points. These are the defenses we look at first.
Attacking the Enterprise & Pattern
No Enterprise. Ordinary business activity, or a loose group of people, is not an ‘enterprise.’ The State must prove a real, ongoing structure.
No Pattern. Isolated, unconnected, or one-time acts do not form the related, continuous pattern racketeering requires.
Defeat the Predicates. Racketeering is built on predicate offenses. If the underlying fraud, theft, or laundering counts fail, the RICO count fails with them.
No Knowing Participation. Mere employment or association with a business is not racketeering, the State must prove knowing participation in the pattern.
Attacking Forfeiture & the Evidence
Contesting Forfeiture. We file timely claims, assert innocent-owner and third-party rights, and force the State to prove the connection to racketeering.
Tracing Failures. The State must trace seized assets to the alleged pattern; our forensic accountant exposes broken chains and commingling.
Unlawful Search & Seizure. The sweeping searches typical of RICO cases are vulnerable to suppression when warrants are overbroad.
Severance & Overcharging. We work to sever defendants and counts and to cut back an overcharged, sprawling indictment.
The Experts We Bring to the Table
The State builds financial-crime cases with investigators, forensic auditors, and data analysts. We answer with the same caliber of specialists.
Forensic Accountants
Following the Money
Independently trace transactions, audit the State’s spreadsheets, and expose double-counting, missing context, and innocent explanations.
Certified Fraud Examiners
Intent & Scheme Analysis
Evaluate whether the conduct actually fits the charge or is an ordinary business dispute, and where the intent evidence falls short.
Computer Forensics Experts
Devices & Accounts
Examine the digital evidence, emails, logins, and IP data, and challenge whether it really proves who acted.
Financial & Data Analysts
Records & Patterns
Reconstruct the financial record from bank and accounting data and test the assumptions behind the State’s loss calculations.
Tax & Regulatory Experts
Compliance & Reporting
Explain industry practice, reporting rules, and tax treatment that the State has mischaracterized as a crime.
Valuation & Restitution Experts
Loss & Restitution
Establish the true loss amount, often far lower than alleged, which drives both the felony class and any restitution.
Recent Racketeering Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles racketeering cases across Arizona.
Racketeering & Laundering
Charges Reduced
We attacked the ‘pattern’ and knowledge elements, cutting a Class 2 racketeering-laundering exposure to a single lesser count.
Alleged Fraud Enterprise
RICO Count Dismissed
We showed the conduct was an ordinary business dispute, not an enterprise or a pattern; the racketeering count was dismissed.
Frozen Business Accounts
Assets Released
We filed timely claims and showed legitimate sources; the court released the seized business accounts.
Organized-Theft Allegation
Charges Reduced
By defeating the enterprise theory, we reduced a racketeering indictment to individual theft counts.
Overcharged RICO Indictment
Counts Severed
We severed our client from a sprawling multi-defendant case and cut the counts against him substantially.
Innocent-Owner Property
Property Returned
We established our client’s innocent ownership of seized real estate, and the property was returned.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for the best racketeering lawyer in Phoenix, an Arizona RICO defense attorney, or help with an A.R.S. 13-2312 charge or asset forfeiture. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend racketeering and other white-collar cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona white collar crimes practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Racketeering FAQs
Quick answers to the questions we hear most about racketeering charges, penalties, and defenses in Arizona.
Is racketeering a felony in Arizona?
Yes. Illegally conducting or controlling an enterprise under A.R.S. 13-2312 is a Class 3 felony. It is almost always charged with Class 2 predicate offenses like fraudulent schemes and money laundering, which raise the exposure.
What is racketeering under Arizona law?
Acquiring or maintaining control of an enterprise, or conducting its affairs, through a pattern of predicate offenses committed for financial gain. The predicates are defined in A.R.S. 13-2301 and include fraud, theft, drug, and laundering crimes.
What is a ‘pattern’ in a racketeering case?
A pattern requires related, continuous criminal conduct, not isolated or unconnected acts. If the State cannot show that the predicate offenses are genuinely related and ongoing, the racketeering count fails.
What is an ‘enterprise’?
An enterprise can be a legal business or an informal association of people, but the State must prove it exists as a real, ongoing structure. Ordinary business activity or a loose group is not automatically an enterprise.
Can the State take my property in a racketeering case?
Yes. Racketeering carries aggressive forfeiture under A.R.S. 13-2314. The State can seize and freeze businesses, accounts, vehicles, and real estate alleged to be connected to racketeering, often before trial. Strict deadlines apply to contest it.
How do I get seized assets back?
By filing timely claims in the forfeiture proceeding, asserting innocent-owner or third-party rights, and forcing the State to prove the connection to racketeering. We litigate forfeiture alongside the criminal case.
Can a racketeering charge be beaten?
Yes. These cases turn on the enterprise, the pattern, and the predicate offenses, each contestable. Defeating the predicates or disproving a true pattern can collapse the entire racketeering theory.
Is Arizona racketeering the same as federal RICO?
They are similar. Arizona’s RICO (A.R.S. 13-2312) parallels federal RICO (18 U.S.C. 1962). Larger or interstate cases may be charged federally, with up to 20 years of exposure. We assess both fronts.
What crimes are ‘predicates’ for racketeering?
A defined list including fraud, theft, money laundering, forgery, identity theft, drug offenses, extortion, and more, when committed for financial gain as part of a pattern. The racketeering count depends entirely on these underlying offenses.
How long do racketeering investigations take?
Often a year or more. They are document- and asset-heavy, involving financial tracing and sometimes multiple agencies. The long pre-charge window is exactly why early defense involvement is critical.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- Arizona racketeering, illegally conducting or controlling an enterprise (A.R.S. § 13-2312), is a Class 3 felony.
- “Racketeering” is defined in A.R.S. § 13-2301 as a pattern of predicate offenses (fraud, theft, drugs, laundering, and more) for financial gain.
- These cases bring aggressive asset seizure and civil forfeiture (A.R.S. § 13-2314), often freezing assets before trial.
- The State must prove an enterprise, a pattern (not isolated acts), and your knowing participation.
- Racketeering is almost always stacked with fraudulent schemes (§ 13-2310) and money laundering (§ 13-2317).
- Defeating the predicate offenses, or the ‘pattern,’ can collapse the entire racketeering theory.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.