Enacted to address offenses committed in conjunction with organized crime, the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1961) (RICO) is a complex law that encompasses 35 different criminal activities. Those charged under RICO face severe penalties. Because of the intricate nature of “predicate” crimes, including money laundering, an experienced attorney is critical. The Philadelphia-based team at Neff & Sedacca, PC has the expertise to handle these cases at the state and/or federal level.

Why is RICO so complex?

• Racketeering refers to activities that are part of an on-going criminal enterprise.
• The law defines 35 offenses at the state and federal level.
  • State level crimes include gambling, murder, kidnapping, arson, drug crimes, bribery, and extortion. (See below for current statute details.)
  • Federal level crimes include money laundering, obstructing justice, murder for hire, sexual exploitation of children and mail, wire and various fraud offenses. (See below for current statute details.)
• RICO-related crimes are known as “predicate” offenses, or an activity that is a component of a larger crime.
• To charge under RICO, at least two predicate crimes must have been committed within 10 years through the enterprise.
• The RICO Act increases the severity of penalties for offenses charged under the statute.

One of the most common racketeering offenses is money laundering. In brief, it is the process of making funds generated from illegal activity appear to have been from a legitimate source. Because “cleaning” money generally includes multiple banking and commercial transactions, such cases are wrought with intricacies that are best handled by an experienced attorney.

The meaning of racketeering activity is defined by statute. As currently amended it includes:

• Any violation of state statutes against gambling, murder, kidnapping, extortion, arson, robbery, bribery, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in the Controlled Substances Act);
• Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and several other offenses covered under the Federal criminal code (Title 18);
• Embezzlement of union funds;
• Bankruptcy fraud or securities fraud;
• Drug trafficking;
• Criminal copyright infringement;
• Money laundering and related offenses;
• Bringing in, aiding or assisting aliens in illegally entering the country (if the action was for financial gain);
• Acts of terrorism.

Defending clients charged with federal wire fraud and mail fraud offenses

When facing federal white collar criminal charges, including mail fraud and wire fraud, it is essential that you choose an attorney who knows how to confront the government’s case. Neff & Sedacca is a Philadelphia-based criminal defense law firm whose experience and reputation were built over the past 35 years. Mr. Neff is considered among the top tier of criminal defense lawyers in United States in fraud cases.

Mail fraud charges may arise when prosecutors lack the evidence to take other charges all the way to trial. They can also be used as add-ons to other charges in order to increase potential sentences for the accused. At Neff & Sedacca we have represented corporate and business executives, professionals, public officials, and others who have been charged with mail and wire fraud, as well as those accused of aiding and abetting these crimes.

What is mail fraud?

Mail fraud is an act of deception that specifically uses the United States Postal Service, or private carriers, to defraud someone of money or property. A solicitation that originates by phone, or on the Internet, also becomes subject to mail fraud charges if it involves the use of U.S. mail at any point.

Some of the fraudulent schemes that make headlines are those involving Ponzi schemes and pyramid schemes, but there are many others that lead to criminal investigation. These include prize offers, foreign lotteries, travel scams, bogus credit card offers, and offers for credit repair.

With offices based in Philadelphia, the attorneys at Neff & Sedacca defend individuals and corporations facing mail fraud, wire fraud, and other serious criminal charges throughout Pennsylvania and New Jersey, across the United States and, in cases that require it, internationally.

How mail fraud and wire fraud charges are pursued

Wire and mail fraud can be brought as stand-alone charges and are often added to indictments charging tax fraud, bank fraud, healthcare fraud, securities fraud, bank and mortgage fraud, and the broadly defined, honest services fraud.

These charges are frequently pursued by federal prosecutors because of the low threshold of evidence needed to obtain indictment and conviction. The penalty is severe. The maximum imprisonment upon conviction of one mail or wire fraud charges is 20 years, along with a substantial fine.

The firm’s experience and record of success in white collar matters like these are important factors to consider when selecting counsel. They know how to effectively challenge prosecutors’ evidence as a result of experience and dedication to detail.

If you are being investigated on mail or wire fraud charges, you need to speak to a lawyer who is skilled in federal criminal defense. Neff & Sedacca limits its practice to federal and state criminal defense matters. As in other complex matters, the firm uses a team approach to the defense of fraud cases. Investigators and experts in accounting, finance, and other specialized areas are available as support staff in all cases.

Federal law generally governs crimes aimed at protecting the environment. These laws are designed to protect the nation’s air, water and wildlife and prohibit negligent, intentional or willful actions that harm the environment. The Environmental Protection Agency (EPA) is responsible for investigating potential environmental crimes and the Department of Justice (DOJ) will prosecute these offenses.

The Clean Air Act, Clean Water Act and the Resource Conservation and Recovery Act are examples of common statutes that form the basis for criminal indictments. Violations of these statutes include chemical spills, improper storage of toxic waste, illegal dumping, and air pollution. These cases can involve individual defendants as well as defendant corporations.

This area of the law is extremely complicated and complex. If you or one of your friends or family members was arrested and charged with an offense involving Environmental violations, it is critical to hire a skilled and experienced criminal defense lawyer to protect your rights and represent you in court.

Child pornography is an extremely serious offense and can be charged in State or Federal Court. Simply defined, it is the visual depiction of sexually explicit conduct involving a person under the age of 18. Any case that involves minors is vigorously prosecuted and even first time offenders face severe penalties, including incarceration if convicted. These cases may result in media attention such that even an indictment can ruin one’s reputation. The attorneys at Neff & Sedacca, PC recognize the ramifications and have the experience to professionally handle these complex cases.

As a result of internet access, today child pornography has become more prevalent. The broadened use of the internet, mobile phone photography and other advances in technology have led to a sharp increase in the number of criminal child pornography cases over the past two (2) decades. In Pennsylvania federal courts alone, what was roughly a few dozen in the late 1990s grew to almost 2,000 cases each year by 2010.

What is Child Pornography Under Federal Law?

Under federal law, it is illegal to produce, sell, distribute, receive or possess an image depicting child pornography which uses or affects any means of interstate or foreign commerce. This includes use of a computer. See Title 18 United States Code Sections 2251, 2252 and 2252A.

Child pornography is generally defined as a visual depiction of sexually explicit conduct involving a person under the age of 18. This includes pictures, films, videos, and digital or computer generated images and depictions of an actual minor, as well as undeveloped pictures, films or videos. A picture depicting a naked child could constitute child pornography. In addition, state laws regarding the age of consent for sexual activity are immaterial. Under federal law, it is illegal to produce, sell, distribute, receive or possess an image depicting sexually suggestive activity involving a minor (under 18 years old).

Prison Terms in Federal Child Pornography Cases

First Time Offenders

Many individuals convicted of federal child pornography crimes are first time offenders from a wide range of socio-economic backgrounds and often include:

• working professionals,
• educators (principals, teachers, etc.),
• medical professionals, and
• law enforcement officers.

If convicted of child pornography offenses, such individuals face significant penalties/fines which have been amended and increased since 2003.

Substantive Statute Changes in Federal Child Pornography Cases

One of the most important amendments in child pornography cases came with the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (PROTECT Act). Enacted by Congress, this amended many criminal child pornography statutes, including 18 United States Code Section 2252A, and drastically increased prison sentences for federal convictions.

The United States Constitution and the Pennsylvania Constitution make it clear that citizens have the right to keep and bear arms. Pennsylvania’s gun laws are detailed and complex. This is especially true in Philadelphia, which imposes tougher gun restrictions than other areas of the state. A conviction for the possession of firearms can result in serious penalties, including jail time, steep fines, and the loss of your gun rights, in addition to a criminal record.

Philadelphia enforces restrictive gun laws that do not apply in other parts of the state. Due to the strict and technical nature of gun laws in Philadelphia, it is easy for even the most responsible of gun owners to find themselves under arrest for a crime they may not have even know they were committing. For example “open carry” is prohibited in Philadelphia, even though it may be considered lawful in other areas of Pennsylvania.

Pennsylvania gun laws are found in the Pennsylvania Uniform Firearms Act. Certain statutes under the act pertain specifically to Philadelphia, such as 18 Pa. Cons. Stat. § 6108.. Under this law, it is generally illegal to “carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property” anywhere in Philadelphia. This makes “open carry” illegal in Philadelphia where it legal in other parts of the state. There are limited exceptions to this statute. Additionally, the Pennsylvania Uniform Firearms Act prohibits possession of a Firearm by a Minor (18 Pa. Cons. Stat. § 6110.1); and Possession of a Firearm with an Altered Manufacturer’s Number (18 Pa. Cons. Stat. § 6110.2). Additionally, 18 Pa. Cons. Stat. § 6105 disqualifies individuals from possessing firearms who have been convicted of certain enumerated offenses.

Under various sections of the Pennsylvania Uniform Firearms Act, gun possession and related crimes can be charged as misdemeanors or felonies depending on the facts of the case. This area of the law is extremely complicated and complex. If you or one of your family members was arrested and charged with a firearms related offense, it is critical to hire a skilled and experienced criminal defense lawyer to protect your rights and represent you in court.