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Beating a rico charge12/24/2023 The indictment says that Trump and his co-defendants “constituted a criminal organization whose members and associates engaged in various related criminal activities including, but not limited to, false statements and writings, impersonating a public officer, forgery, filing false documents, influencing witnesses, computer theft, computer trespass, computer invasion of privacy, conspiracy to defraud the state, acts involving theft, and perjury.” John Acevedo, a law professor at Emory University, said he found the racketeering charge notable because it is “so notoriously difficult to prove.” The RICO count requires Willis to prove not only a conspiracy but also an ongoing enterprise, Acevedo said. In fact, that’s the only count in the indictment that is denoted on the court’s docket as a “serious felony.” (The other counts are all known simply as “felonies.”) Georgia law uses the “serious” designation to classify certain crimes that carry heavier penalties, in the same way that other states use “A” or “B” felony designations, according to Anthony Michael Kreis, an assistant professor of law at Georgia State University.Īlthough prison time is not automatic for a conviction under the state’s RICO Act (a judge can decide to dole out only a fine), if the judge does decide to impose a prison sentence, it must be at least five years. The gravest charge in the Georgia case is racketeering under the state’s RICO Act. This form requires JavaScript to complete. Other, more serious charges - like Trump’s alleged violations of the Espionage Act and his alleged obstruction of justice in his federal case involving classified documents - typically result in significant prison sentences, but federal judges have discretion. In his other cases, some charges - like allegedly falsifying business records in his New York hush money case - are unlikely to result in any prison time for a first-time offender. The prospect of mandatory prison time is a first among Trump’s criminal cases. (Willis alleges Trump committed that crime by pressuring the speaker of the Georgia House to call a special session to appoint fake electors.) The crime of first-degree forgery similarly carries a mandatory prison sentence of at least one year. For instance, if convicted of conspiring to solicit a public official to violate the oath of office, Trump would face a minimum one-year mandatory prison sentence. Some of the charges entail automatic prison time under the Georgia criminal code. Those charges cover a range of alleged wrongdoing, including Trump’s efforts to pressure Georgia officials to undo the election results, his scheme to assemble false electors claiming to represent the state in the Electoral College, his submission of documents that contained lies about ballot fraud and his attempts to enlist the Justice Department to aid his pressure campaign. One count of conspiring to impersonate a public officer.Two counts of conspiring to commit first-degree forgery.
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