California Profiteering Crime Law & Defense
Penal Code 186-186.8
The law on the crime of profiteering is found at California penal code section 186 though 186.8. Profiteering is also known as the California Control of Profits of Organized Crime.
In essence, California profiteering is a crime very similar to the federal crime of racketeering (RICO). The charge is intended to punish a pattern of criminal activity of organized criminal activity.
According to California penal code 186, organized crime is defined as crime that is of a conspiratorial nature and that is either of an organized nature and seeks to supply illegal goods and services such as narcotics, prostitution, loan-sharking, gambling, and pornography, or that, through planning and coordination of individual efforts, seeks to conduct the illegal activities or arson for profit, hijacking, insurance fraud, smuggling, operating vehicle theft rings, fraud against the beverage container recycling program, or systematically encumbering the assets of business for the purpose of defrauding creditors.
Where a profit is made through a pattern of criminal activity by a group of persons engaged in a crime enterprise, the persons engaged in the criminal enterprise may be charged under the crime of profiteering (PC 186).
Criminal street gangs are the most common groups charged with profiteering, but more sophisticated criminal gangs may also face profiteering charges.
The underlying crimes, if committed as part of a pattern by any organized crime syndicate, may be used to support profiteering charges under PC 186:
Arson (charged under PC 451); Bribery (Charged under PC 67 & 68); Child Pornography (charged under PC 311); Felonious Assault (charged under PC 245); Embezzlement (charged under PC 424 & 503); Extortion (charged under 518); Forgery (charged under PC 470) Gambling (charged under PC 337); Kidnapping (charged under 207); Mayhem (charged under 203); Murder (charged under PC 187); Pimping & Pandering (charged under PC 266); Receiving Stolen Property (charged under PC 496); Robbery (charged under PC 211); Solicitation of Crimes (charged under PC 653f); Grand Theft (charged under PC 487); Trafficking of Drugs (charged under H&S 11351, 11352, 11353); False Claims (charged under PC 550); Money Laundering (charged under PC 186.10); Human Trafficking (charged under PC 236.1); Identity Theft (charged under PC 530.5), and more.
Punishment & Sentence for Profiteering
If found guilty of profiteering under PC 186, the defendant, and the criminal organization, may have all properties and proceeds used in the commission of the underlying pattern of criminal profiteering activity seized. In addition to the crime of profiteering, each individual defendant of the crime syndicate may be charged with the underlying charge that supports the profiteering charge.
If you have been charged with the California crime of profiteering, or penal code 186, contact our experienced criminal defense attorneys today. There is no charge for a consultation with one of our experienced criminal defense attorneys. Our attorneys are available 24/7 to answer all of your questions. Call today!
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PC 186 - 186.8: Profiteering Defense
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