Legal Corner

Never say never
GaGambler 5230 reads
posted

I also seriously doubt the a local DA would invoke RICO in the prosecution of a single prostitute,especially in light of the fact that the RICO is a federal law and the charges would be have to be brought by a US Attorney not the local prosecutor, but before you say it could never happen I engourage you to remember the case of a man's shrimper boat being confiscated over a half smoked doobie that belonged to one of his employees.

Connecting the dots between an escort's TER reviews, her web site, her doubles partners and her various ads on sites such as Eros and Cityvibe. It would not that big a stretch to call her business an "ongoing criminal enterprise"

(also not a laywer, but someone who never ceases to be amazed at the over zealousness of certain agencies of LE)

To be perfectly honest, your chance of being struck by lightning are probably greater than having RICO invoked on a simple case of prostitution.

I was told recently by an attorney client that if you are busted in your incall, and you own the home, it can be seized under the Rico Act.  Are there any attorneys on this board who can comment on this?

To invoke RICO, one must be part of a criminal enterprise.  An independent would not qualify under this.

Perhaps an escort agency would, especially if it was big time, but I have not yet heard of such a thing happening.

RICO takes a lot of investigative work and is used for the big fish.  No LE would invoke it for a simple case of prostituion.

(still not a lawyer)

GaGambler5231 reads

I also seriously doubt the a local DA would invoke RICO in the prosecution of a single prostitute,especially in light of the fact that the RICO is a federal law and the charges would be have to be brought by a US Attorney not the local prosecutor, but before you say it could never happen I engourage you to remember the case of a man's shrimper boat being confiscated over a half smoked doobie that belonged to one of his employees.

Connecting the dots between an escort's TER reviews, her web site, her doubles partners and her various ads on sites such as Eros and Cityvibe. It would not that big a stretch to call her business an "ongoing criminal enterprise"

(also not a laywer, but someone who never ceases to be amazed at the over zealousness of certain agencies of LE)

To be perfectly honest, your chance of being struck by lightning are probably greater than having RICO invoked on a simple case of prostitution.

and attorneys tend to use the words as shorthand for seizure enabling statutes.  Chances are that you will not have to contend with the Fed RICO Act on a local prostitution bust absent extenuating circumstances such as human trafficking or being part of a larger criminal enterprise.  Those circumstances will draw the attention of the Feds, who will invoke the RICO penalties.

Local jurisdictions, however, have their own seizure enabling statutes that you could face.  If you operate out of your home, which is inadvisable for a number of reasons, you should meet with a local attorney to fully explore the issues.  Your state may very well have seizure laws that allow your house to be seized for this kind of crime, particularly if drugs are found on you, the client, or in your house.  There are plenty of examples when cars of single transaction drug buyers are seized, and the money found during a prostitution bust is typically seized as well.

Go see a lawyer, or bring back your attorney client and set up a true barter for some detailed legal advice.

(still a lawyer) :-)

Maybe I watch too much TV, but one of the more disturbing aspects of RICO is that it deals with property, and property has no rights!!!  LE, local or federal, can stop you if they think you have done something wrong.  If they believe your car was result of illegal activity, they can seize it, and it is up to you to prove that it was obtained legally.  This technicality is an incentive for LE to vigorously enforce the law, and there are more than a few LE officers, (particularly in Florida),  now driving the cars, and boats, of people that were never convicted of anything!!!

the bottom line here is DO Not draw attention to yourself!!
I am so common place in my life, real life I come n go my neighbors would never know what I do and I prefer it that way.
The last thing I'd do is invite this business to my home, where I live, where my kids live. That really can be very dangerous. You could screen to your hearts content but all it takes is one ass and you are out of business and sitting in jail and all the neighbors know what you do. Well did because it would be impossible to start up again once the neighbors know.
Not to mention, even with screening, you may meet a psycho they are out there you know. My kids live here, I dont want anyone knowing where my family is. Even my long time clients. No one comes here. You can get an incall but thats a neighbor issue as well unless you are really low volume.  Do out calls book a room and do incalls but I keep it away from my home.

And if there are kids in your house, I'll bet social services will eventually get involved.  Besides, why take a chance that a client might stop by at an inopportune time?

There's both a federal and a Florida RICO law. Half of the states have state RICO laws, which for the most part mirror the federal RICO law.

Florida's prostitution laws:
http://tinyurl.com/ynkmsp

Florida's RICO law:
http://tinyurl.com/2eggkj

Notice that in section 895.02(1)(a)(25), prostitution is specifically listed as a crime that can constitute racketeering activity. It's unlawful to use the proceeds from racketeering activity to buy real property. All real property derived from such proceeds may be subject to civil forfeiture to the state. The forfeiture of your property does not depend upon conviction of a crime and can occur as soon an arrest.

It doesn't matter where you were arrested. All that matters is that the proceeds can be traced to a property interest. Separate bank accounts and not commingling funds helps to avoid tracing.

As for the federal RICO law, well, property can be forfeited under that too. Violations of the Mann Act and the Travel Act would constitute racketeering activity under the federal RICO statute. You can do a search of the board to find out about those two laws and if they apply.

By the way, for people who insist that RICO has to be some degree of a business enterprise, 18 USC § 1961(4) and Fla. Stat. § 895.02 both say enterprise can include individuals. There have been RICO convictions of individuals operating by themselves. For example, a guy making copies of copyrighted porn and selling them has been convicted under RICO.

enterprise aspect of RICO (which really just boils down to economic benefit) regarding individuals are usually directed towards the end user consumer, such as the guy who buys the dime bag to smoke rather than to sell.  The Fed RICO has not, to my knowledge, been applied to the end use consumer.  Anyone who sells, though would qualify.  

In this situation, the lady is wondering if providing out of her home could result in forfeiture.  Depending on the state law (and the Florida example is a good one), she could lose the house and belongings. Keeping separate accounts will only protect the money, not the house she operates out of.

Bottom line, don't work out of the house.  Beyond the legal reasons, it's just not safe.


if you are taking chances cuz you dont want to spend the $$ you are a fool. A fool and her money or home will soon be parted.
think safety not savings. Its very dangerous. What if you see a nut and dont want to see him again but he refuses to go away. He NOW knows where you live can harm you or make trouble for you. What will you do then? Move?

I am sorry but this business requires more than a wet pussy to be successful...you need to use your brain first of all.

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