Brooklyn rapper Tekashi 6ix9ine arrested on racketeering, firearm charges By Michael Joseph on February 03, 2019

The dictionary definition of racketeering is dishonest and fraudulent business dealings.  A racket is a planned or organized criminal act, usually in business, to extort money illegally. Most commonly associated with gangs and criminal organizations such as the Mafia, the popular example is a "protection racket" promising to protect the target business from dangerous individuals in the neighborhood. The legal definition involves operating an enterprise through a pattern of racketeering. Our New York criminal attorneys who defend federal cases know that a pattern of racketeering means two or more crimes that are operated through an organization as part of a pattern of criminal activity.

Racketeer Influenced and Corrupt Organizations Act, (RICO) takes aim at “racketeering activity,” at which it defines as any act "chargeable" under several generically described state criminal laws,  any act "indictable" under numerous specific federal criminal provisions, including mail and wire fraud, and any "offense" involving bankruptcy or securities fraud or drug-related activities that is "punishable" under federal law entitled “ Prohibited Activities,”  outlaws the use of income derived from a "pattern racketeering of activity "to acquire an interest in or establish an enterprise engaged in or affecting interstate commerce; the acquisition or maintenance of any interest in an enterprise "through" a pattern of racketeering activity;    conducting or participating in the conduct of an enterprise through a pattern of racketeering activity; and conspiring to violate any of these provisions.

Therefore the focus on RICO is an ongoing criminal business as opposed to random crimes. The enterprise can be a company, a union or an association  in fact like a street gang.

Brooklyn-born rapper Tekashi 6ix9ine (“Hernandez”) was arrested on racketeering and firearm charges, according to law enforcement sources. The 22-year-old rapper, whose birth name is Daniel Hernandez, wias arraigned in federal court on November 26, 2018.  The arrest was a joint effort between ATF, NYPD and Homeland Security.  Hernandez's former manager, Kifano Jordan, and three of his associates were arrested as well.  Last month, Hernandez was sentenced to four years probation for using a child in a sexual performance.  The 22-year-old rapper pled guilty after online videos surfaced of him sexually engaging with an underage girl in 2015. At the time of the incident, Hernandez was 18 years old. The minor was 13. Therefore these new charges will likely trigger a violation or probation charge as well.

Hernandez was previously was also arrested in July, 2018 on a Texas warrant for allegedly choking a 16-year-old. As a minor, Hernandez served time for selling heroin and assaulting the owner of a bodega, the music website reported last year.

What is Hernandez aka Tekashi 6ix9ine accused of?

Hernandez and his "team" are accused of conspiring to commit various crimes including drug deals and ordered shootings. The rapper was arrested and faces federal charges including racketeering allegations stemming from Hernandez’s involvement with the Nine Trey Bloods, as well as a previously unreported armed robbery. So the indictment alleges that the Nine Trey Bloods is an enterprise and the drug dealing is the ongoing pattern of racketeering activity. The interesting thing about RICO is that everyone who is part of the enterprise can be charged with all crimes committed as part of the ongoing criminal enterprise.

What is the rapper's court case about?

Hernandez is facing a mandatory minimum sentence of 32 years in prison, according to the prosecuting US attorney at the rapper’s arraignment.  The rapper's most serious charge, discharging a firearm while committing a crime, makes him eligible for a life sentence and a mandatory minimum of 25 years in prisoners n.  Hernandez’ attorney advocated for bail for his client under the condition that Hernandez surrender his passport, pay over $1 Million for bail and be placed under house arrest.  However, the judge denied bail, opting to keep Hernandez in custody and citing that the rapper may still be a danger to the community even if those bail conditions were met. Our Westchester criminal defense lawyers know that the severity of this sentence has a dramatic effect on the willingness of the acccused in taking a case to trial. It has recently beeen reported that the rapper is entering into a cooperation agreement which will result in a reduction of charges and sentence.

Hence, according to NYS courts, if convicted on racketeering charges, the rapper faces a fine up to $25,000 and a maximum sentence of 20 years in prison.

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