Derivative Crimes
If
you assist another person to commit a crime or if you conspire with another
person to commit a crime, you can be arrested and found guilty of a derivative
crime. Derivative Crimes can be in State and Federal criminal
court jurisdictions. Some common derivative crimes include
- Accessory (aiding and abetting)
- Conspiracy
- Racketeering
- Money Laundering
- Mail Fraud
- Wire Fraud
- and more
The first derivative crime, created more than a century ago, which was mail fraud. In 1970, the Racketeer Influenced and Corrupt Organizations (RICO) law bundled any discernible "pattern" of crimes into a federalderivative crime. In 1984, the "money laundering" derivative crime statute was greatly expanded.
If you are charged with a derivative crime contact Attorney Search Network for a pre-screen lawyer referral. Attorney Search Network is a Lawyer Referral Service certified by the State Bar of California and approved by the American Bar Association.Â
Accessory (aiding and abetting) is a derivative crimes that does not require the defendant to actually commit the crime. Accessory punishes those who help criminals commit crimes, while conspiracy punishes those who plan to commit crimes.
Anyone who knowingly helps another person to commit a crime may be convicted for being an accessory to the crime. In a bank robbery case, an accessory may
- drive the get-away car
- provide the money to buy the hold-up weapon
- give the principal perpetrator crucial information about the floor plan or security at the bank.Â
Any contribution to the crime may be grounds for accessory.Â
Accessory ‘after the fact’, such as sheltering a known criminal from police, may also be considered accessory, although it may not be punished as harshly as acts that contribute to the performance of the crime.Â
Sentences for accessory can be heavy because those charged with accessory may be considered to be as guilty of the crime that they helped to commit as the person that actually committed it. A good defense lawyer will shield the defendant from heavy punishment by minimizing the role that the defendant played in the commission of the crime.
If you are charged with a derivative crime contact Attorney Search Network for a pre-screen lawyer referral. Attorney Search Network is a Lawyer Referral Service certified by the State Bar of California and approved by the American Bar Association.Â
Conspiracy
When two or more people plan to commit an unlawful act, they may be charged with conspiracy. The planed crime does not actually need to be committed. It is the planning of the crime that is against the law.Â
The prosecution must show that that the defendants would have committed the crime had they not been stopped by law enforcement. Many states will require the prosecution to show an ‘overt act’ toward the participation of the crime.Â
Where the planned crime is actually committed, a defendant may be charged with both conspiracy to commit a crime, and with the crime itself.
If you are charged with a derivative crime contact Attorney Search Network for a pre-screen lawyer referral. Attorney Search Network is a Lawyer Referral Service certified by the State Bar of California and approved by the American Bar Association.Â
In Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO) the federal government deems racketeering to be a pattern of wrongdoing such as running illegal gambling operations and prostitution rings.
Racketeering offenses involve the operation of any illegal business or enterprise, including fraudulent scams for profit. The federal Racketeer Influenced and Corrupt Organizations Act (RICO) and similar state racketeering laws give the government authority to prosecute those accused of racketeering. RICO / Racketeering cases are complex.
A number of criminal and white-collar offenses fall under the umbrella of racketeering activity including murder, drug transportation/distribution, gambling, embezzlement, extortion, theft, money laundering, bribery, and more.
If you are charged with a derivative crime contact Attorney Search Network for a pre-screen lawyer referral. Attorney Search Network is a Lawyer Referral Service certified by the State Bar of California and approved by the American Bar Association.Â
If you have any questions about the information
provided above, please
contact us
Call us or click here to get a referral to an Attorney Search Network panel lawyer or law firm.
