Top Rated Criminal Defense Attorney Michael Leonard explains the key features of the Trump Fulton County, Georgia Indictment. The Indictment returned by the Grand Jury in Fulton County against former President Trump is significant for several reasons. First, in comparison to the other criminal cases brought and pending against Mr. Trump, it names a large number of Defendants. That stands in stark contrast to, for example, the confidential documents prosecution brought by Jack Smith. Second, the Georgia Indictment relies upon that State’s “RICO” (Racketeer Influenced and Corrupt Organizations) statute. That statute is a State law version of the federal RICO statute. Although it is quite common for federal prosecutors to use the federal RICO statute to charge defendants, the use of State-law versions of RICO is far less common. Federal prosecutors have traditionally used the RICO statute to combat organized crime and drug cartels; however, other more recent and novel uses include the reliance by federal prosecutors on the RICO status in the R Kelly case. The Indictment will likely draw a number of motions to dismiss the Indictment. Even though most, if not all of those attacks, will likely fail, such motion practice will serve to elongate the proceedings. The prosecution’s reliance upon the Georgia RICO statute will provide the prosecution with certain advantages. The State will have to prove, beyond a reasonable doubt, that there existed a “criminal enterprise.” However, this can be proven with facts that more loosely tie the defendants together than, say for instance, conspiracy charges. The prosecution team will not have to establish that each of the defendants knew about, or participated in, all of the other defendants’ alleged overt criminal acts. The Georgia prosecutors can expect a robust defense to be raised by defendants’ counsel, including extensive motion practice with respect to the Indictment, venue, and the admissibility of evidence.
Written by Michael Leonard
Leonard Trial Lawyers
August 21, 2023