RICO

RICO

THIS SEMINAR WILL COVER

THE USE OF RICO AS A VALUABLE TOOL IN PROSECUTING ORGANIZED CRIME ENTERPRISES .

THE USE OF ASSET FORFEITURE LAWS TO SEIZE MONEY OR PROPERTY GAINED THROUGH ILLICIT ENTERPRISE.

IS RICO OVERLY BROAD OR VAGUE? IS CIVIL ASSET FORFEITURE A LICENSE

TO TRAMPLE ON THE CONSTITUTION?

WHAT IS RICO??

THE RACKETEERING AND CORRUPT ORGANIZATION STATUTE IS THE MOST IMPORTANT SINGLE PIECE OF LEGISLATION EVER ENACTED AGAINST ORGZANIZED CRIME.(1970)

RICO DEFINES RACKETEERING IN AN EXTREMELY BROAD MANNER, AND INCLUDES MANY OFFENSES THAT DO NOT ORDINARILY VIOLATE ANY FEDERAL STATUTE.

IN ORDER TO PROVE A VIOLATION OF RICO

THERE MUST BE A PATTERN WHICH REQUIRES THE COMMISSION OF AT LEAST TWO OF THE SPECIFIED CRIMES WITHIN A TEN YEAR PERIOD.

SUCH AS BRIBERY SPORTS BRIBERY COUNTERFEITING EMBEZZLEMENT FROM UNION FUNDS LOANSHARKING MAIL FRAUD WIRE FRAUD DRUG VIOLATIONS

WHAT MADE RICO DIFFERENT??

UNDER TRADITIONAL CONSPIRACY STATUTES

PROSECUTION FOR ENGAGING IN ORGANIZED CRIME REQUIRES AGREEMENT AMONG THE PARTICIPANTS ABOUT A SPECIFIC CRIME.

BUT UNDER THE RICO LAW!

THE THRUST IS TO PROVE A PATTERN OF CRIMES CONDUCTED THROUGH AN ORGANIZATION OR ENTERPRISE

IN PLACE OF HAVING TO PROVE A SERIES OF SEPARATE CONSPIRACIES, IT IS A CRIME TO BELONG TO AN ENTERPRISE.(LIKE FAT TONY SALERNO)

AND THE PENALTIES?

MAXIMIM FINE OF $25,000,

IMPRISONMENT OF NOT MORE THAN 20 YEARS

OR BOTH!

CIVIL PROVISIONS WERE ALSO INCLUDED

CIVIL FORFEITURE PROVISIONS REQUIRE THE VIOLATOR TO FORFEIT TO THE GOVERNMENT ANY BUSINESS OR PROPERTY HE/SHE HAS ACQUIRED IN VIOLATION OF RICO. THE GOVERNMENT CAN ALSO FREEZE A DEFENDANTS ASSETS BEFORE TRIAL.

RICO HAS PROVISIONS BY WHICH PRIVATE CITIZENS CAN SUE FOR DAMAGES.

FREQUENTLY INVOKED IN COMMERCIAL AND BUSINESS LITIGATION, PARTICULARLY WHEN THERE IS A CLAIM OF FRAUD.

THE IMPACT OF RICO

BY 1990 MORE THAN 1,000 MAJOR AND MINOR ORGANIZED CRIME FIGURES HAD BEEN CONVICTED AND GIVEN LENGTHY PRISON SENTENCES.

THE HIERARCHIES OF THE FIVE NY CRIME FAMILIES HAD BEEN PROSECUTED.

THE OUTFIT GETS HIT BY RICO

The trial for five men—Calabrese Sr., James Marcello, Joseph “The Clown” Lombardo, Paul “The Indian” Schiro, and Anthony “Twan” Doyle—started in June and ended August 30,2007 . All five were found guilty of racketeering and related crimes September 10.

BUT RICO HAS ITS CRITICS

CRITICISMS OF RICO

RICO IS OVERREACHING, LEADING TO THE PROSECUTIONS OF PERSONS WHO, ALTHOUGH THEY MAY HAVE BEEN INVOLVED IN CRIMINAL BEHAVIOR, ARE NOT BY ANY STRETCH OF THE IMAGINATION CONNECTED TO OC.

INVOKING RICO CAN RESULT IN ASSETS BEING FROZEN EVEN BEFORE A TRIAL BEGINS.

AND

A RICO ACTION BRINGS WITH IT THE STIGMA OF BEING LABELED A RACKETEER , WHICH MAY BE INAPPROPRIATE GIVEN THE CIRCUMSTANCES.

RICO PERMITS LAWSUITS FOR TRIPLE DAMAGES WHEN ORDINARY BUSINESS TRANSACTIONS, NOT ORGANIZED CRIME OR RACKETEERING, ARE AN ISSUE.

(ABOUT 1000 CIVI L RACKETEERING SUITS ARE FILED EACH YEAR BY PRIVATE PLANTIFFS.)

NOW VS SCHEIDLER

1998- FEDERAL JURY IN CHICAGO FOUND THREE LEADING ANTI-ABORTION ACTIVISTS LIABLE UNDER RICO AND AWARDED $85,000 TO TWO ABORTION CLINICS.

2003- US SUPREME COURT OVERTURNS JURY DECISION.

2007- FEDERAL COURT ISSUES FINAL DECISION IN FAVOR OF ACTIVISTS.

ASSET FORFEITURE CASE LAW

THE US SUPREME COURT HAS RULED THAT THE 8TH AMENDMENTS PROHIBITION AGAINST CRUEL AND UNUSUAL PUNISHMENT , MAY BE RAISED AS AN ISSUE IN JUDICIALC HEARING S REGARDING ASSET FORFEITURE PROCEEDINGS.

ABADINSKY MENTIONS ON PAGE 370

IN CHICAGO A DEPUTY SHERIFF AND CLERK WERE CONVICTED UNDER RICO FOR HELPING TO FIX PARKING TICKETS.

HOWEVER THIS WAS PART OF OPERATION GREYLORD WHICH INVOLVED…..

AN INCREDIBLE AMOUNT OF CORRUPTION!

92 officials indicted, including 17 judges, 48 lawyers, 8 policemen, 10 deputy sheriffs, 8 court officials, and 1 state legislator. Nearly all were convicted, most of them pleading guilty . It was an important first step to cleaning up the administration of justice in Cook County.

SO NOW IT’S YOUR TURN!

WHAT DO YOU THINK

FIRST – ABOUT ASSET FORFEITURE LAWS, SHOULD THEY BE KEPT OR ELIMINATED?? TELL ME WHY YOU FEEL THE WAY YOU DO!

SECOND- SHOULD PRIVATE INDIVIDUALS BE ALLOWED TO SUE UNDER RICO STATUTES?

THIS IS THE LAST CLASS!

YES I KNOW IT’S PRETTY LAME

BUT IT ‘S A GREAT SONG

DON’T FORGET YOUR FINAL PROJECT!

PLEASE REMEMBER TO CAREFULLY FOLLOW DIRECTIONS

USE OUTSIDE REFERENCES YOU MAY SUBMIT OUTSTANDING

ASSIGNMENTS,BUT PLEASE DO SO ASAP

AND MOST IMPORTANTLY

GLAD YOU WERE IN CLASS!

I APPRECIATE ALL OF THE ENERGY!

STUDY HARD THE CJ FIELD

NEEDS YOUR DEDICATION!