The crimes that qualify as acts of racketeering activity are listed in OCGA 16-14-3.Īlthough RICO started as a tool to combat organized crime, today's prosecutors use RICO to prosecute employee embezzlement cases, Ponzi schemes, credit schemes, complex investment schemes, or a series of thefts that aggregate to over $100,000.
To be prosecuted under Georgia RICO the underlying crimes must be acts of racketeering activity. Typically, the types of crimes that are prosecuted under the Georgia RICO Act are complex criminal schemes that involve thousands of transactions or multiple victims. Defending these matters can be difficult and the stakes are high because essentially the defendant is being accused of criminal conduct. Unfortunately, the RICO Act has been overused in litigation and often brought in simple breach of contract matters. They are able to recover treble (triple the plaintiff's damages) and often attorneys' fees. When bringing a RICO claim, the parties become private attorneys general. In civil litigation, RICO is a tool that businesses and individuals who have been victimized can use recover the damages. In contrast, the Georgia RICO Act can be used to prosecute individuals and schemes that have been active for only a short time. The two most important differences are that the federal RICO statute requires proof of continuity and an enterprise. The Georgia RICO Act (OCGA 16-14-4), however, has several differences and is much broader than its federal counterpart. When crafting the Georgia (RICO) Racketeer Influenced and Corrupt Organization Act, the legislature used the federal RICO statute as a model. Also, a RICO judgment is not dischargeable in most types of bankruptcy and can sometimes be collected against successor corporations. In civil litigation, the statute allows for the collection of treble (triple) damages and attorneys' fees. She said he will plead not guilty to the new charges as he already has to the original charges.The Georgia Racketeer Influenced and Corrupt Organizations (RICO) Act, which was created to combat traditional organized crime, has been expanded to include multiple types of fraud, theft, and computer crimes that can be committed by individuals and corporations. Shannon Stillwell and Quamarvious Nichols were charged with one additional count of possession of a firearm by a convicted felon related to the death of Shymel Drinks on March 18.Īrnold’s attorney, Ashleigh Merchant, told WSB-TV that she is confident her client won’t be convicted. Kendrick also has been indicted on a charge of possession of a firearm by a convicted felon. Martinez Arnold, also known as Duke, and Deamonte Kendrick, also known as Yak Gotti, face additional charges including participation in criminal street gang activity, violation of the Georgia controlled substances act, possession of a firearm during the commission of a felony and possession of a machine gun.
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A tentative trial date has been set for Jan. Steel said a new bond hearing for Williams has been scheduled for next week. Williams and rapper Gunna, whose real name is Sergio Kitchens, remains in jail after bond was denied for both earlier this year. Rap star Young Thug is at the center of a case brought by Georgia prosecutors that alleges that his rap crew, YSL, is actually a violent criminal gang. Music Atlanta, a hip-hop mecca, reels as a favorite son faces sweeping criminal charges
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