Colorado law contains a series of statutes called the Colorado Organized Crime Control Act (COCCA) which prohibits types of criminal activity by criminal enterprises or organizations. Generally, the statutes prevent illegal gambling, loan sharking, drug distribution, racketeering, and other similar activities.
Colorado law provides that the purpose of these statutes is to “seek the eradication of organized crime in this state by strengthening the legal tools in the evidence-gathering process, by establishing new penal prohibitions, and by providing enhanced sanctions and new remedies to deal with the unlawful activities of those engaged in organized crime.”
Contact a Colorado criminal defense lawyer representing clients in Denver, CO today to schedule your initial consultation.
C.R.S. 18-17-104 outlines the activities that are illegal under COCCA, they include:
- Knowingly receiving or deriving proceeds from a pattern of racketeering activity or through the collection of an unlawful debt;
- Through a pattern of racketeering activity or through the collection of an unlawful debt, to knowingly acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property;
- To knowingly conduct or participate, directly or indirectly, in any enterprise through a pattern of racketeering activity or the collection of an unlawful debt, or
- Conspire or endeavor to violate any of these racketeering provisions.
Racketeering is any number of alleged criminal activities under state and federal law. A pattern occurs when a person or organization engages in at least two of the specified racketeering activities within 10 years. These activities can be either state or federal crimes that under Colorado Law include the following:
Aggravated Motor Vehicle Theft, Arson, Assault, Attempt to Influence a Public Servant, Bribery, Bribery in Sports, Burglary, Computer Crimes, Credit Card Fraud, Criminal Impersonation, Criminal Mischief, Drug Crimes, Extortion, Extortionate Extension of Credit, Felony Charitable Fraud, Forgery, Gambling, Human Trafficking, Identity Theft, Intimidating a Juror, Kidnapping, Manslaughter, Menacing, Money Laundering, Murder, Pandering, Perjury, Pimping, Possessing an Illegal Weapon or a Dangerous Weapon, Robbery, Securities Offenses, Sexual Exploitation of a Child, and Tampering with a Juror.
If you would like to schedule an initial consultation, contact a Colorado criminal defense attorney, we represent clients in Denver, Colorado, and the surrounding area. The Savela Law Firm, P.C. Give us a call at (720) 821-1001 or complete our inquiry form.
Despite how many crimes can lead to COCCA charges, there still a variety of defenses to racketeering charges including:
- The racketeering activities not being continuous;
- Lack of criminal intent;
- Police misconduct during the investigation and other constitutional issues that may lead to suppression of evidence;
- False identification;
- Lack of a criminal enterprise; or
- That the racketeering activities are unrelated.
Prohibited racketeering activities are class 2 felonies. The penalties in Colorado include 8 to 24 years in prison and a fine of $5,000 to $1,000,000. In addition, there is a 5-year period of parole
If you have been charged with a COCCA offense or Racketeering a skilled Denver solicitation attorney is essential. Get in touch with experienced Denver solicitation defense attorney Jason Savela by calling (720) 821-1001.