Sean Shecter, Steven Lee Speak with Law360 on Trump’s Georgia RICO Indictment

Atlanta, Ga. (August 16, 2023) – Government Investigations & White Collar Defense Practice Co-Chair Sean P. Shecter and Vice Chair Steven H. Lee recently spoke with Law360 for an article which discusses the ongoing criminal case in the state of Georgia against former President Donald Trump, which includes a Racketeer Influenced and Corrupt Organizations (RICO) charge.

The Law360 article, titled "Georgia DA Wields 'Double-Edged Sword' In Trump RICO Case," describes how Trump and 18 others, including former NYC Mayor Rudy Giuliani and former White House Chief of Staff Mark Meadows, were indicted earlier this week by a Georgia grand jury for conspiring to overturn the results of the state’s 2020 presidential election.

Mr. Lee, a former federal and state prosecutor in Georgia, told Law360 that the RICO statute "essentially criminalizes those who are involved in the pattern of racketeering activity as part of a criminal enterprise," and allows the state of Georgia to provide a narrative from start to finish about how Trump and his allies allegedly conspired to overturn the election results.

"If you accidentally submitted a false document, that's not criminal behavior," said Mr. Lee. "But the idea here is that all of this was done in concert as part of the criminal enterprise, and the pattern of racketeering activity is proven by showing that there were overt acts done in furtherance of [the alleged acts.]”

RICO convictions in Georgia carry a mandatory minimum sentence of five years in prison, and a 20-year maximum. Mr. Lee added that this could "cause co-defendants to cooperate and testify against Trump."

Mr. Shecter, a former federal prosecutor, described RICO as a "double-edged sword," as prosecutors can connect large amounts of evidence and predicate acts relevant to the charge, but might end up having to prove beyond a reasonable doubt a multitude of complex elements.

According to Mr. Shecter, prosecutors pursuing RICO charges must "ensure the broader picture is always clear to the jury, while at the same time getting into the minutiae about facts that establish each essential element." 

Mr. Shecter is a partner in Lewis Brisbois' Fort Lauderdale office, and serves as Co-Chair of the White Collar and Government Investigations Practice. Mr. Lee is a partner in the firm's Atlanta and Savannah offices, and serves as Vice Chair of the White Collar and Government Investigations Practice. As former federal prosecutors with extensive experience first-chairing trials, they focus on government and internal corporate investigations and complex litigation matters. They are frequently called on to provide commentary on breaking legal events, and spoke with Law360 previously on the former President's indictments. 

Read the full Law360 article here.