In Weld County and across Colorado, the Colorado Organized Crime Control Act (COCCA) is a set of laws that prohibit criminal activity by more than one person. These laws are meant to eliminate Organized Crime in Colorado, by providing a broad description of prohibited criminal activity and the traditional use of or investment of proceeds of criminal activity. It is largely a broad net designed to give government the ability to seize any property which is the fruit of criminal activity or has been used as a means of ongoing income for a group of persons. In a general sense, you can be charged with a COCCA crime, which is a class 2 felony, if you commit, or by agreement with at least one other person, commit a huge list of crimes. The Act is generally only enforced against groups of people who commit crimes for business – or as their income source. While an individual can be charged by themselves with a COCCA violation, that rarely happens, since there are separate, traditional criminal statutes which punish that conduct. Below, the experienced criminal defense lawyers at the O’Malley Law Office discuss COCCA and Organized Crime in Colorado.
What is Racketeering in Windsor, Colorado and What Racketeering Activities Prohibited Under COCCA?
In Windsor and anywhere in Colorado, Racketeering is several activities that are listed under state and federal law. To have a “Pattern of Racketeering Activity,” a person would have to commit any two or more of these activities in 10 years. The 35 prohibited activities listed are Gambling, Possessing an Illegal Weapon or a Dangerous Weapon, Extortionate Extension of Credit, Securities Offenses, Assault, Menacing, Criminal Extortion, Kidnapping, Human Trafficking, Arson, Burglary, Robbery, Pandering, Pimping, Aggravated Motor Vehicle Theft, Criminal Mischief, Computer Crimes, Forgery, Felony Charitable Fraud, Money Laundering, Bribery in Sports, Criminal Impersonation, Credit Card Fraud, Identity Theft, Sexual Exploitation of Children, Bribery, Murder, Manslaughter, Attempt to Influence a Public Servant, Perjury, Intimidating a Juror, Tampering with a Witness or Victim, and Drug Crimes.
In Greeley, Colorado, What are the Legal Definition’s Prohibited Activities within the Colorado Organized Crime Control Act, C.R.S. 18-17-104?
The legal definition of the Colorado Organized Crime Control Act, C.R.S. 18-17-104 in Greeley, is:
(b) A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this subsection (1) if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern of racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class and do not confer, either in law or in fact, the power to elect one or more directors of the issuer.
(2) It is unlawful for any person, 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.
(3) It is unlawful for any person employed by, or associated with, any enterprise to knowingly conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt.
(4) It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsection (1), (2), or (3) of this section.
What are the Sentence and Penalties for Racketeering Under COCCA in Weld County?
Racketeering in Weld County is a class 2 felony. The penalties for a class 2 felony include 8 – 24 years in a Colorado State Prison, a fine of $5,000 to $1 million, and a mandatory 5-year parole period.
It is also important to note that Organized Crime and Racketeering can also lead to federal charges under the Racketeer Influenced and Corrupt Organizations Act or RICO. If a defendant is part of a Criminal Organization that has committed at least two of 35 specified crimes above within a 10-year period, they may be charged and convicted under RICO in federal court.
If you are facing a charge under the Colorado Organized Crime Control Act, or COCCA, call our Organized Crime defense attorneys and get the best outcome in your case. Call the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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