When the Federal Government Brings Its Biggest Cases
Complex federal litigation — multi-defendant conspiracy cases, RICO prosecutions, continuing criminal enterprise charges — represents the government's most resource-intensive prosecutions. These cases involve wiretaps, cooperating witnesses, voluminous discovery, and joint defense dynamics that require experienced counsel who has handled these cases from both sides.
John Kirby has tried complex multi-defendant federal cases as both a prosecutor and defense attorney. He understands the unique challenges these cases present and the strategies that work — and don't work — when the stakes are this high.
Complex Federal Cases We Handle
- RICO / Racketeering (18 U.S.C. §§ 1961-1968) — The Racketeer Influenced and Corrupt Organizations Act is the government's most powerful tool against alleged criminal enterprises. It permits the government to charge multiple defendants, multiple crimes, and conduct spanning years — all in a single case. RICO defense requires mastery of the statute's complex elements, particularly the "pattern of racketeering" and "enterprise" requirements.
- Drug conspiracies (21 U.S.C. §§ 841, 846, 848) — Multi-defendant drug trafficking cases, often involving wiretap evidence, confidential informants, and mandatory minimum sentences of 10, 20, or life. The government's conspiracy theory must be challenged at every stage — from the probable cause for the wiretap to the scope of the alleged agreement.
- Continuing Criminal Enterprise (21 U.S.C. § 848) — The "kingpin statute" carries a mandatory minimum of 20 years and a maximum of life. The government must prove the defendant organized, supervised, or managed five or more other persons from whom they derived substantial income. This is the most serious drug charge in federal law.
- Hobbs Act and extortion (18 U.S.C. § 1951) — Robbery or extortion affecting interstate commerce. The Hobbs Act's "commerce" element is broad but not limitless — it can and should be challenged.
- Federal conspiracy (18 U.S.C. § 371) — The government's go-to charge. Conspiracy requires only an agreement between two or more people and one overt act in furtherance. It does not require the crime to succeed — or even be attempted.
The Cooperating Witness Problem
In complex federal cases, cooperating witnesses drive the prosecution. The government builds its case through cooperators — codefendants, informants, and co-conspirators who agree to testify in exchange for reduced sentences. Cooperating witness testimony is among the least reliable evidence in the justice system, yet federal juries convict on it every day.
Cross-examining a cooperating witness requires understanding: the terms of their cooperation agreement, their criminal history, their motives to lie, their prior inconsistent statements, and the benefits they expect to receive. A former federal prosecutor — who has prepared cooperators for testimony — knows exactly how to cross-examine them effectively.