New York Penal Law 460.20: Enterprise corruption
Enterprise corruption is a serious offense mostly associated with white collar and organized crime. Due to the increasing number of cases involving organized crime in the corporate world, the New York legislature came up with a set of laws to punish those who engage in such activities.
You could be prosecuted of enterprise corruption when you intentionally participate in the affairs of an organization in a pattern suggestive of a criminal activity. You could also be prosecuted if you knowingly acquire any control or interest of an enterprise by conducting a criminal activity. Individuals who invest the proceeds from the conduct into a company are also considered guilty of enterprise corruption. The criminal activity in enterprise corruption refers to at least three unlawful acts. At least two of these acts should be felonies, and one of them must have been committed with five years when the criminal activity began.
Investigations and arrests for enterprise corruption usually allege to additional felony crimes such as grand larceny, insurance fraud, money laundering, conspiracy, sex trafficking and criminal possession of stolen property. It is a serious offense that can attract up to 25 years in prison.
Examples of a Crime Related to the penal code
Two executives of Testwell Laboratories, once a leading concrete testing company in New York, were sentenced to 16 years in prison. The two were found guilty of playing a key role in forging concrete and mix reports at various construction sites in New York City. The sites affected were Yankee Stadium, the Freedom Tower and Second Avenue subway. They were charged with enterprise corruption. The underlying criminal acts, in this case, included engaging in forgery in an attempt to defraud the state government.
Defense to the Penal Code
Convicting someone or a company of enterprise corruption is not easy. The prosecutor must prove beyond any reasonable doubts that you or the company engaged in multiple crimes suggestive of enterprise fraud. He has to analyze several documents within a specific time period in order to arrive at an accurate conclusion. This is often tiresome and costly for many prosecutors. The failure of the prosecutor to prove his claims is a strong defense in itself. For instance, if the prosecutor claims that you have committed two misdemeanors and one felony within the required period, you can request for a conviction for those individual crimes and not an enterprise corruption. An enterprise corruption charge requires proof of two felonies and one misdemeanor.
Sentence
Enterprise corruption is a class B felony. Anyone convicted of this crime can a get a sentence of up to 25 years in prison and heavy fines. This sentence does not incorporate what could happen to your business during investigations. You could lose all the assets. Not to mention, your business activities may be suspended during the period of the trial.
It is thus important to hire a NYC criminal lawyer who can successfully defend you against all the charges of enterprise corruption. A criminal lawyer will help you understand the charges filed and come up with a viable defense strategy. He will also ensure that your rights are not being violated.
Get a lawyer who can handle a wide variety of cases involving enterprise corruption. This may include grand larceny, sale of stolen goods, drug trafficking, violent crimes, insurance fraud and many others. Because of the nature of what is at stake, get a lawyer who has the skills needed to defend the case. You require someone who is well conversant with crime investigation, witness interviewing and applicable laws and procedures. It will only take a strong defense attorney to stand up to the government and ensure you get a fair trial.