Enterprise Corruption is one of the strongest tools in a prosecutor's arsenal and one of the most serious and harshest White Collar or non–violent crimes in the New York Penal Law. A class "B" felony carrying a mandatory minimum term of incarceration, Enterprise Corruption, pursuant to New York Penal Law 460.20, is punishable by up to 25 years in prison and is often associated with organized crime and RICO offenses. Whether you are prosecuted by the District Attorney of Manhattan, Brooklyn, Queens, the Bronx or Westchester County or you find yourself on the receiving end of an indictment secured by the New York State Attorney General in an of these or other jurisdictions, a conviction for Enterprise Corruption is unforgiving. Even if a County Court or Supreme Court Judge doesn’t sentence you to the maximum allowable sentence, your minimum penalty upon conviction for New York PL 460.20 is one to three years in prison. This means that probation or solely a fine are off the table. While New York’s Enterprise Corruption statute may be convoluted in its clauses and application, its consequences are quite simple. The sooner you retain the right criminal lawyer to implement your defense in the face of an Enterprise Corruption investigation, arrest or indictment, the better chance you will have to have a life and future once the judge calls your name for the last time.Enterprise Corruption: The Elements of NY Penal Law 460.20
Having addressed how serious New York Penal Law section 460.20 is, and, if it is not clear, do yourself a favor and thoroughly review your case with your criminal defense attorney, the following is general description of the statute:
You are guilty of Enterprise Corruption when you are knowingly involved in and associated with an enterprise or "organization" that you know to be criminal in its design, scheme, purpose and foundation. Additionally, more than being aware, you must also participate in the activities and affairs of the organization or enterprise in its criminal conduct. Even if you are not actively involved in enterprise’s wrongdoing, the long arm of New York’s criminal code can still pull you into a prosecution for NY PL 460.20 if you invest proceeds in that criminal enterprise or you have an interest in the same.
Again, because Enterprise Corruption is a complex statute and associated with other offenses and criminal activity, the above definition is merely for general guidance and by no means a recitation of the law. For example, not addressed, even if a District Attorney or Attorney General can prove these elements beyond a reasonable doubt, did the criminal enterprise have an ascertainable structure as mandated by law? At bottom, with the amount of questions that you must ask, evidence that you must secure, and all that is at risk, if you are charged with or being investigated for violating New York Penal Law 460.20, your failure to vet the alleged evidence against you with your New York criminal defense lawyer will unquestionably have dire ramifications.
Rarely a sole count on an indictment or felony arrest, NY PL 460.20 is often the top count and criminal charge among other lesser, but quite serious crimes. In fact, investigations, arrests and indictments for Enterprise Corruption in New York City, the Hudson Valley and the rest of the state usually allege additional felony crimes including:
- Grand Larceny: NY Penal Law Article 155
- Promoting Gambling: NY Penal Law
- Insurance Fraud: NY Penal Law Article 176
- Criminal Possession of Stolen Property: NY Penal Law Article 165
- Money Laundering
- Mortgage Fraud: NY Penal Law Article 187
- Controlled Substance Crimes: NY Penal Law Article 220
- Escort Services & Prostitution
- Healthcare Fraud
When confronted with a knock at the door by the NYPD, the click of handcuffs on your wrists by the State or County Police, the execution of search warrants on your banks accounts by the District Attorney, and freezing of your assets by the New York State Attorney General, you have little options other than to stand up, fight for your rights, and do whatever the law allows to protect your name, your liberty and your future. When so much is in jeopardy, know that the New York criminal defense attorneys and former Manhattan prosecutors at Crotty Saland PC are prepared to use their experience, knowledge and advocacy to put you in the best place to overcome what now seems like an insurmountable obstacle.
Call Our New York Enterprise Corruption Lawyers and Former Manhattan Prosecutor at (212) 312-7129 or Contact Us Online Today.