The Continuing Criminal Enterprise (CCE) statute (U.S. Code § 848 - Continuing criminal), also known as the “kingpin statute,” was made into law back in October of 1970. The law was enacted in order to fight drug cartels by going after their leadership. These federal kingpin statutes target criminal operation leader who sell, manufacture, grow, and export illegal drugs. The federal “kingpin statute” statute defines the crime as a the continued committing of a series of felony offenses as described under the Comprehensive Drug Abuse Prevention and Control Act of 1970, and when those actions are in committed in concert with 5 or more individuals. In other words, a “criminal enterprise” is made up of a group of offenders who are operating with an organizational hierarchy, structure, and who are all engaged in a criminal scheme. The individual considered the “kingpin” is defined under the U.S. Code § 848 statute as an individual who acts as the organizer, leader, or principal administrator of the criminal organization or an individual who is one a group of organizers, leaders, or principal administrators of the criminal organization who receives resources or substantial income in compensation.
Federal drug crime charges or investigations should be taken seriously as a conviction can result in lengthy mandatory minimum jail sentences and hefty fines, particularly if federal investigators have reason to believe that you are the leader or “kingpin” in a drug trafficking operation.
If you’ve been arrested and charged with a crime under the federal Kingpin Statute or Continuing Criminal Enterprise (CCE) Statute, it is imperative that you consult with an experienced Florida Criminal Defense Attorney right away. An attorney at Musca Law is always standing by 24/7 to take your call, so call our legal team today at 1-888-484-5057 in order to preserve and protect your legal rights.
The Federal Kingpin Statute (Continuing Criminal Enterprise Statute CCE) Statute
The federal Kingpin Statute, also known as the Continuing Criminal Enterprise Statute, is a law that typically targets individuals who might be considered drug kingpins or drug lords, or those who play a supervisory or leadership role in large-scale drug trafficking and major narcotics organizations. However, before you can be convicted under the Kingpin Statute, federal prosecutors must first prove beyond a reasonable doubt that you committed every element of the crime. For instance, federal prosecutors must be able to show that:
- You committed the underlying drug crime of which you’ve been accused;
- You participated in a series of at least three related federal drug crimes within a certain period of time;
- While you committed or conspired to commit the series of drug offenses, you acted in concert with or worked with five or more people;
- You supervised, directed, or managed these five or more individuals during the course of the offenses; and,
- You acquired substantial income or other resources as a result of the drug crimes.
If you are convicted under the statute, the penalties are extremely harsh. For a first-time offender, a conviction can result in a minimum sentence of twenty years in jail, with a maximum sentence of life in jail. In addition, you may face other penalties including up to $2 million in fines and the forfeiture of any property or income you acquired as a result of the underlying drug crime. The mandatory minimum jail sentences under the Kingpin Statute only increase with more convictions. For example, a second conviction under the statute can result in a mandatory minimum sentence of thirty years in prison, and possibly up to life, and fines of up to $4 million. If anyone is intentionally killed by you or you induce or command someone to kill another, then it is possible that you may be sentenced to death.
Federal Kingpin Frequently Asked Questions
What are the potential penalties if my charge is related to Methamphetamines?
In the federal code there is a special provision for methamphetamine-related Kingpin charges. Subsection (b) states that in the case of a continuing criminal enterprise crime that also involves methamphetamine or methamphetamine salts, salts of isomers, or isomers, the quantity of drugs drops from “300” times to “200” times, and paragraph (2)(B) is applied but substitutes “$10 million dollars” for “$5,000,000” under U.S. Federal Criminal Code “Prohibited acts” 841(b)(1)(B).
Can I receive a life prison sentence for a charge under the federal Kingpin Statute?
According to Federal Statute 841(b), if the accused is found guilty of the crime and depending on the drugs or other crimes committed by the defendant, if the defendant is found guilty, he or she could receive a 20 year to life prison sentence. The defendant could also receive a fine from $2,000,000 to $10,000,000 depending on the drugs found and any other crime linked to the crime.
Is a “kingpin” criminal charge a capital offense?
Only if the criminal enterprise leaders, organizers, or principal administrators orders, commits, or directs the murder of another person. This is especially true of the individual is a law enforcement officer such as a corrections officer, probation officer, parole officer, and any law enforcement officer who is a public servant and is authorized by Congress, a Government agency, and or by law to engage in or conduct the investigation, prevention, and prosecution of criminal offenses.
Contact an Experienced Florida Federal Criminal Defense Attorney Today
As is clear from the foregoing, an investigation or criminal charges under the federal Kingpin or CCE U.S. Code § 848 statute should be taken seriously as a conviction can result in significant mandatory minimum jail sentences and extremely large fines. If you have been arrested and charged under the federal Kingpin Statute, the legal team at Musca Law is here to help you obtain the best possible results in your case.
At Musca Law, we have the experience, knowledge, and resources necessary to defend Florida citizens who face serious federal criminal charges, and you can expect quality service and aggressive representation from a legal team that works hard to protect the legal rights of all of our clients. Call 1-888-484-5057 today for your free initial consultation. An attorney is available 24/7 and is ready to fight to uphold your legal rights.