Operating a Continuing Criminal Enterprise
| North Dakota & Minnesota |
An operating a continuing criminal enterprise charge (“CCE”) is reserved for individuals the government believes are running a large-scale criminal enterprise that involves a significant number of individuals and a substantial amount of illegal activity.
Usually, the government will charge individuals with a CCE if they believe that individual is a leader, manager, or organizer of a large-scale criminal enterprise. This can include leading a drug distribution ring, managing a money laundering scheme, or being high up in an operation defrauding innocent people.
This article will provide an in-depth look at the federal laws surrounding CCE charges, prison time you could face if found guilty, and the importance of hiring an experienced attorney to defend your case.
Operating a continuing criminal enterprise is one of the most serious federal felonies. This post will provide valuable insights and guidance – particularly for those facing federal charges in North Dakota or Minnesota.
CCE: Continuing Criminal Enterprise
When you are charged with operating a continuing criminal enterprise (CCE), the government is accusing you of managing a sizable criminal enterprise with numerous participants and ongoing illegal operations. It's like being seen as the boss or manager of a large company - but one that specializes in criminal activity. The government believes that you were involved in organizing or directing this criminal activity over a long period of time.
Individuals rarely face just a CCE charge. Instead, CCE charges are often stacked alongside other criminal charges. This is because when individuals are charged with running a large criminal enterprise, typically they are charged with CCE and additional charges, including things like drug trafficking, money laundering, racketeering, conspiracy, and other related offenses.
If the government suspects that you are high up in a criminal enterprise, they will often attempt to charge you with as many crimes as they can. By stacking a CCE charge alongside other criminal charges, prosecutors can pursue multiple avenues for conviction and potentially increase prison time if you are found guilty on multiple criminal charges.
CCE vs RICO Charges
After reading the description of a CCE charge, you might be confused about what the difference is between a CCE and a RICO charge. Here's how they differ:
The CCE focuses on the individual’s role as a leader in criminal activity. RICO aims to dismantle the entire criminal organization as a whole. RICO aims to avoid the game of whack-a-mole that can happen when new individuals are ready and willing to step into criminal leadership positions, which often happens with organized crime outfits.
A CCE charge requires the involvement of at least five individuals who act in concert with the accused individual, whereas a RICO charge can be brought against any member of the criminal organization, regardless of their specific role or level of authority within the enterprise.
Some people in a RICO charge could also face CCE charges, depending on their role in the criminal organization and if their alleged criminal activity meets the criteria of both offenses. The decision to bring one or both charges depends on the specific circumstances of the case and the strategies employed by the prosecution.
Understanding Federal CCE Laws
The Continuing Criminal Enterprise Statute is commonly referred to as the “CCE Statute” or the “Kingpin Statute.” It is prosecuted by federal authorities at the United States Department of Justice.
Details of the law pertaining to the CCE statute can be found in 21 U.S. Code § 848.
Key elements of this charge include:
The violations must be undertaken together with five or more other individuals.
The defendant must occupy a position of organizer, supervisor, or manager with respect to the enterprise.
The defendant must obtain substantial income or resources from the enterprise.
The defendant must commit or cause to be committed at least three specific predicate offenses during a specific period of time.
There are some important things to keep in mind when your defense lawyers interpret this legal definition when they’re mounting your defense.
To establish a CCE charge, the prosecution must prove that the defendant engaged in a “continuing series of violations” of federal drug laws or other specified offenses. This theory requires demonstrating that the defendant committed multiple criminal acts over an extended period, all connected to the same criminal enterprise. One common way prosecutors establish this is to use statements made by other participants against you. When facing long prison sentences, it is extremely rare for criminal participants not to roll on each other.
Now, if you’ve hired an experienced CCE defense attorney, they will listen to every word of every interview to find inconsistencies in witness statements. This can later be used to call into question the witness’s credibility.
The next element the prosecution needs to establish is that you played a leadership, management, or organizing role within the alleged criminal enterprise. This can involve demonstrating that you supervised or controlled others, made significant decisions, allocated resources, or coordinated the activities of co-conspirators. Again, this is usually proven through statements made by witnesses or others involved in the enterprise.
To be found guilty of a CCE charge, the government must also prove there was both a pattern of criminal activity and that it was a concerted effort. This means that the defendant engaged in both a series of criminal acts and that they worked together with other actors to achieve the enterprise's criminal objectives. Proving concerted action requires demonstrating a shared common purpose, mutual dependence, and coordination among the participants. Evidence of this is gathered through things like wire taps and confidential informants.
Consequences & Penalties for Federal CCE charges
A Continuing Criminal Enterprise (CCE) conviction carries a mandatory minimum sentence under federal law. The mandatory minimum sentence for a CCE offense is 20 years in prison. This means that if an individual is found guilty of operating a CCE, they must be sentenced to at least 20 years of imprisonment as a minimum penalty.
The mandatory minimum sentence of 20 years can be increased if certain factors are present based on the judge’s consideration of various factors, such as the nature and circumstances of the offense, the defendant’s criminal history, the defendant's role and level of involvement, the impact on victims, and any mitigating or aggravating circumstances to be considered when determining the appropriate sentence.
The only way a defendant can get less than a 20-year sentence is if they win at trial or cooperate with law enforcement.
Cooperation Agreements
The amount of prison time that can be shaved off for cooperating with authorities in a Continuing Criminal Enterprise (CCE) case can vary depending on several factors. Cooperation in federal cases, including CCE charges, can be a mitigating factor that may lead to a reduction in the sentence. However, the ultimate decision lies with the judge, who considers various factors when determining the extent of the reduction. These factors include:
Timing and Extent of Cooperation: The timing and extent of the defendant's cooperation are crucial. Early and substantial cooperation, including providing valuable information or testifying against other individuals involved in the criminal enterprise, may increase the chances of receiving a more significant sentence reduction.
Assistance to the Government: The defendant's level of assistance to the government in the investigation and prosecution of the case is considered. This can include providing information, cooperating in ongoing investigations, assisting with the recovery of assets, and aiding in dismantling the criminal enterprise.
Truthfulness and Reliability of Information: The credibility and reliability of the information provided by the defendant plays a significant role. Providing truthful and verifiable information is more likely to be viewed favorably by the court.
Impact on the Case and Public Interest: The significance of the defendant's cooperation in advancing the case and serving the interests of justice is also assessed. Cooperation that leads to the apprehension of other high-level individuals involved in the criminal enterprise, or the disruption of significant criminal activity, may have a greater impact on the reduction of the sentence.
It's important to note that the extent of sentence reduction for cooperation is highly case-specific and depends on the unique circumstances of each case. The judge has discretion in determining the reduction and will weigh the factors mentioned above. A skilled criminal defense attorney can assess the specific situation, negotiate with the prosecution, and present compelling arguments to the court regarding the extent of cooperation and the potential sentence reduction.
Prepping for Your Proffer
If you decide that you are willing to cooperate in a CCE investigation, your defense attorney should schedule an extensive prep session with you. It is important that you practice exactly what you’re going to say in order to be as specific as you can be with names, dates, and details of your knowledge. You will usually only get one chance to proffer, so this is your opportunity to be as helpful and truthful as possible in order to decrease your own prison sentence.
Your CCE defense attorney should prep you by working together to prepare a detailed account of your knowledge and involvement in the criminal enterprise. Compile any relevant documents, records, emails, or other evidence that can support your statements or help corroborate the information you provide.
It’s usually best if your attorney conducts a mock proffer session to simulate the environment and practice answering questions. This will help you become more comfortable, organized, and confident in conveying the information during the actual proffer session.
Prior to the session, your attorney should also outline the potential risks, benefits, and implications that may arise as a result of the information you provide. This will help you make informed decisions during the proffer session.
Defenses against CCE charges
Like we mentioned earlier, it is exceedingly rare for CCE cases to go to trial. This is because of lengthy prison sentences and the vast resources the federal government has at their disposal.
However, if you decide to fight your charge, below are some defense strategies an experienced criminal defense attorney may use.
Challenge the Elements: Analyze the prosecution's case and challenge the elements required for a CCE conviction. This may include contesting the existence of a continuing series of violations, disputing the defendant's role as an organizer or supervisor, or questioning the connection between the alleged criminal acts.
Lack of Knowledge or Intent: Here, your attorney will assert that you lacked knowledge or intent to participate in a continuing criminal enterprise. This strategy may involve demonstrating that you were not aware of the scope or nature of the criminal activities or that they were coerced or manipulated into involvement.
Insufficient Evidence: Your defense attorney can scrutinize the evidence presented by the prosecution and identify any weaknesses or inconsistencies. This can involve challenging the credibility of witnesses, highlighting gaps in the evidence chain, or presenting alternative explanations for the alleged criminal activity.
Fourth Amendment Violations: This is one of our areas of expertise at Ringstrom DeKrey. This strategy involves making the argument that your Fourth Amendment rights against unreasonable searches and seizures were violated during the investigation or arrest. If there were constitutional violations, evidence obtained through such means may be suppressed, weakening the prosecution's case.
Challenging Co-Conspirator Statements: Evaluate the statements of co-conspirators and challenge their credibility. This can involve questioning the reliability of their statements, highlighting inconsistencies, or presenting evidence that contradicts their claims.
Presenting Alternative Explanations: Experienced defense attorneys can develop alternative explanations or narratives that cast doubt on the defendant's involvement in a continuing criminal enterprise. This may involve presenting evidence of legitimate business activities, establishing the defendant's lack of control over the alleged criminal activities, or highlighting other plausible explanations for the evidence presented by the prosecution.
Schedule a free consultation
Email: assistant@ringstromdekrey.com
Tel: 218-284-0484
730 Center Ave #202
Moorhead, MN 56560