1. Annemarie Braun
Senior Assistant Attorney General
Special Prosecutions Unit
(303) /

2. Colorado Organized
Crime Control Act
C.O.C.C.A.

3. What is “organized crime”?

4. Mafia?

5. Gangs?

6. Gambling?

7. Money Laundering?

8. “Organized crime” refers to any group
that works together to commit crimes.

9. A group can be more effective in
committing crimes than a single individual.

10. Legislative Declaration § 18-17-102, C.R.S.
Purpose of C.O.C.C.A.:
“[O]rganized crime continues to grow and flourish because of defects in the evidence-gathering process of the law…”

11. Legislative Declaration § 18-17-102, C.R.S.
Purpose of C.O.C.C.A.:
“…and because the sanctions and remedies presently available are unnecessarily limited in scope and impact…”

12. Legislative Declaration § 18-17-102, C.R.S.
Purpose of C.O.C.C.A.:
“Therefore…the purpose is to seek the eradication of organized crime in this state…”

13. by strengthening the legal tools in the evidence-gathering process
Legislative Declaration § , C.R.S.
Purpose of C.O.C.C.A.:
by strengthening the legal tools in the evidence-gathering process

14. by establishing new penalties
Legislative Declaration § , C.R.S.
Purpose of C.O.C.C.A.:
by establishing new penalties

15. Legislative Declaration § 18-17-102, C.R.S.
Purpose of C.O.C.C.A.:
by creating enhanced sanctions and new remedies to deal with organized crime

16. Basics: Class 2 felony 8-24 years DOC presumptive range
16-48 years DOC aggravated range
$5,000 to $1 million fines
Asset forfeitures, seizures

17. Advantages:
Combine multiple cases, multiple targets into one prosecution
Longer Statute of Limitations
Larger realm of admissible evidence

18. Advantages: Significantly longer sentences Fines and asset forfeiture
Multi-jurisdictional

19. Disadvantages: Investigation can be longer, more complex
Investigation may include multiple agencies

20. Disadvantages:
Investigation may require more financial, personnel resources
Investigation requires participation from prosecutor from the beginning

21. § (1)(a) C.R.S.
of a COCCA case
Legal:
It is unlawful for any person who knowingly has received proceeds derived from a pattern of racketeering activity to use or invest the proceeds / profits in the establishment or operation of an enterprise.

22. §18-17-104 (1)(a) C.R.S. Practical: of a COCCA case
Person cannot use proceeds from multiple crimes to acquire real property or operate a business.

23. §18-17-104 (1)(a) C.R.S. Example: A.k.a. Money Laundering
of a COCCA case
Example:
Dealer takes drug proceeds and buys comic book store and begins buying / selling comic books.
A.k.a. Money Laundering

24. §18-17-104 (2) C.R.S. Legal: of a COCCA case
It is unlawful for any person, through a pattern of racketeering activity, to knowingly acquire or maintain any interest in or control of any enterprise or real estate.

25. §18-17-104 (2) C.R.S. Practical: of a COCCA case
Person cannot take over a legitimate business through a series of fraudulent or extortionate acts.

26. § (2) C.R.S.
of a COCCA case
Example:
Dealer takes control of a liquor store when the owners become indebted to him over their drug debt.
Dealer uses the business to launder drug proceeds .

27. § (3) C.R.S.
of a COCCA case
Legal:
It is unlawful for any person employed by, or associated with, any enterprise to knowingly conduct or participate, directly or indirectly in such enterprise through a pattern of racketeering activity, or the collection of an unlawful debt.

28. § (3) C.R.S.
of a COCCA case
Practical:
No person associating with a group can help that group by committing crimes that benefit the group.

29. § (3) C.R.S.
of a COCCA case
Example:
Drug dealer fronts dope to his runners, who then pay back the dealer after they sell the dope to their customers.

30. Key Definitions:
Person
Enterprise
Association in fact

31. Key Definitions: Racketeering Activity
Pattern of Racketeering Activity
Predicate Act(s)

32. Person:
Person “means any individual or entity holding or capable of holding a legal or beneficial interest in property.”

33. Enterprise:
The defendant plus at least one other person or entity besides the defendant.
A single individual cannot commit organized crime.

34. Enterprise: A purpose Relationships among the associates
Longevity sufficient to pursue the enterprise’s purpose

35. Association in Fact:
Members of the group have to be related or “associated” in some way
Doesn’t have to be a legal entity
Members of the group do NOT have to know or be aware of each other

36. Racketeering Activity:
Commit, attempt, conspire, solicit, coerce, or intimidate another person to commit any of the various offenses listed in the statute.
Predicate Acts

37. Predicate Acts: Murder Manslaughter Assault Menacing
Criminal Extortion

38. Predicate Acts:
Kidnapping
Arson
ID theft
Gambling
Burglary

39. Predicate Acts: Robbery Theft Aggravated Motor Vehicle Theft
Theft by Receiving
Criminal Mischief

40. Predicate Acts: Computer Crime
Financing criminal usury (loan sharking)
Forgery & related offenses
Prostitution & related offenses
Attempt to Influence a Public Servant

41. Predicate Acts: Perjury Witness/Juror Tampering Securities Fraud
Most controlled substances offenses
Some weapons offenses

42. Predicate Acts: Any RICO/Federal predicate acts
Unlawful use of a telecomm. device
Money laundering
Interstate commerce crimes
Fraud by mail or wire

43. Predicate Acts: Uncharged crimes
Crimes where defendant has not been convicted

44. Predicate Acts:
Crimes which were dismissed pursuant to plea negotiations
Out-of-state crimes IF the act would be a crime under Colorado law

45. Pattern of Racketeering Activity:
2 or more predicate acts within 10 years of each other
Last predicate act must be within 3 years of filing date

46. Pattern of Racketeering Activity:
Each predicate act must relate to either participation in the enterprise or the “business” of the enterprise
Not every crime committed by an associate may qualify as a predicate; there must be a link

47. What is a
COCCA case?

48. Group of people that appear to be committing crimes together

49. Low-level drug users breaking into cars / storage lockers
Sophisticated criminal scheme
e.g. Ponzi scheme

50. Examples Drug-dealing Auto thefts Home invasions / robberies
Identity thefts / forgeries

51. Examples
Insurance fraud
Mortgage fraud
Bank fraud

52. How do you put together a solid COCCA case?
Evidence of the predicate acts
Evidence of the criminal enterprise

53. Criminal Enterprise Must show how the whole operation works
Must show how the various members of the group support / contribute to the operation

54. Criminal Enterprise Who is the leader of the group?
Who are additional members?
Ranking?
What is the “job” or role of each member?

55. Criminal Enterprise
What crimes are the members of the group committing?
How does the group profit from these crimes?
How much money is involved?
Where is the money kept?

56. Criminal Enterprise
Often allows the prosecutor to include information that is normally not allowed at trial.
“This guy is a big-time drug dealer because he hangs out with other big-time drug dealers.”

57. Criminal Enterprise
Often while an investigation is developing enterprise evidence, investigators will also get evidence of specific predicate acts committed by various members of the group.

58. Criminal Enterprise
Often while an investigation is developing enterprise evidence, investigators will also get evidence of specific predicate acts committed by various members of the group.

59. During the investigation
Prosecutor’s Role:
During the investigation

60. Advise the lead case agent
Is there sufficient evidence of the criminal enterprise?
Are there sufficient predicate acts on each of the targets?

61. Plan the Prosecution with the Case Agent
Plan which targets will be charged with COCCA
Determine which predicate acts apply to each target

62. Prepare the charges…
Grand Jury
Information

63. Concluding the investigation
Prosecutor’s Role:
Concluding the investigation

64. All necessary legal documents
Indictment / Information
Arrest warrants for all targets
Search warrants for all locations

65. Plan and Prepare for the Takedown
Evidence collection plan
Asset forfeiture plan
Transport / custody plan for all targets

66. Evidence collection plan
Detailed, careful collection of all evidence is critical
The vast majority of the challenges that defendants raise is to the evidence that is collected at the takedown

67. Asset forfeiture plan
§ provides civil forfeiture as a remedy for property used in the course of or derived from COCCA violations.

68. Asset forfeiture plan Are there assets / criminal proceeds?
How can you prove this?
How will assets be collected and stored?
Which legal process will you utilize?

69. Custody plan Do you want targets to be together or separated?
Which targets do you want to be interviewed first?
Will you be offering deals for cooperation to any of your targets?

70. Prosecutor’s Role:
Litigating the Case

71. Proffers from Co-Defendants
Proffers can strengthen the case against certain co-defendants
Proffers can help case agent locate certain evidence, assets or contraband

72. Proffers from Co-Defendants
Make strategic decisions about who is given the opportunity to proffer
Just because defendant wants to proffer, doesn’t mean he/she gets a deal

73. Discovery Usually voluminous, document-intensive
Bates-stamp, itemize, maintain discovery receipts

74. Offers for disposition
Prosecutor and Case Agent should discuss together
Co-defendants at the same level in criminal enterprise should have similar offers
(under most circumstances)

75. Motions for Severance
If the co-defendants are charged in the same indictment, they are already joined.
The proper procedure is for the defendant to file a motion for severance.

76. Motions for Severance
If the co-defendants are all charged with COCCA, then the usual grounds for severance (prejudice), are likely reduced or non-existent.

77. Final Points:

78. Always presume that co- defendants are communicating with each other.
Always presume that defense attorneys are communicating AND strategizing with each other.

79. Always presume that whatever you say to one co-defendant or one defense attorney is repeated to the entire group.
No such thing as secrecy!

80. Always presume that the “leader” of the criminal enterprise is still trying to control the other members of the group.

81. Probable Cause/Search warrant:
Bank records
Phone toll records
Pen registers
GPS trackers & cell phone pings