• What is an example of a RICO charge?

    From Biden Lie 'brary'@21:1/5 to All on Wed Jan 17 08:10:52 2024
    XPost: alt.sodomites.barack-obama, alt.fan.rush-limbaugh, alt.society.liberalism
    XPost: talk.politics.guns

    The types of offenses that may most often be adapted to RICO use are
    bribery, extortion, theft from interstate shipment, embezzlement, and interstate transportation of stolen property.

    Fani Willis and her lover have committed blatant RICO crimes,
    embezzlement, extortion, theft, defrauding federal and state
    governments.

    https://www.justice.gov/archives/jm/criminal-resource-manual-109-rico-cha
    rges

    CRIMINAL RESOURCE MANUAL
    CRM 1-499
    109. RICO Charges
    It is unlawful for anyone employed by or associated with any enterprise
    engaged in, or the activities of which affect, interstate or foreign
    commerce, to conduct or participate, directly or indirectly, in the
    conduct of such enterprise's affairs through a pattern of racketeering
    activity or collection of unlawful debt. 18 U.S.C.A. § 1962(c) (West
    1984). The Racketeer Influenced and Corrupt Organization Act (RICO) was
    passed by Congress with the declared purpose of seeking to eradicate
    organized crime in the United States. Russello v. United States, 464
    U.S. 16, 26-27, 104 S. Ct. 296, 302-303, 78 L. Ed. 2d 17 (1983); United
    States v. Turkette, 452 U.S. 576, 589, 101 S. Ct. 2524, 2532, 69 L. Ed.
    2d 246 (1981). A violation of Section 1962(c), requires (1) conduct (2)
    of an enterprise (3) through a pattern (4) of racketeering activity.
    Sedima, S.P.R.L. v. Imrex Co., 473 U.S. 479, 496, 105 S. Ct. 3275, 3285,
    87 L. Ed. 2d 346 (1985).

    A more expansive view holds that in order to be found guilty of
    violating the RICO statute, the government must prove beyond a
    reasonable doubt: (1) that an enterprise existed; (2) that the
    enterprise affected interstate commerce; (3) that the defendant was
    associated with or employed by the enterprise; (4) that the defendant
    engaged in a pattern of racketeering activity; and (5) that the
    defendant conducted or participated in the conduct of the enterprise
    through that pattern of racketeering activity through the commission of
    at least two acts of racketeering activity as set forth in the
    indictment. United States v. Phillips, 664 F. 2d 971, 1011 (5th Cir.
    Unit B Dec. 1981), cert. denied, 457 U.S. 1136, 102 S. Ct. 1265, 73 L.
    Ed. 2d 1354 (1982).

    An "enterprise" is defined as including any individual, partnership, corporation, association, or other legal entity, and any union or group
    of individuals associated in fact although not a legal entity. 18
    U.S.C.A. § 1961(4) (West 1984). Many courts have noted that Congress
    mandated a liberal construction of the RICO statute in order to
    effectuate its remedial purposes by holding that the term "enterprise"
    has an expansive statutory definition. United States v. Delano, 825 F.
    Supp. 534, 538-39 (W.D.N.Y. 1993), aff'd in part, rev'd in part, 55 F.
    3d 720 (2d Cir. 1995), cases cited therein.

    "Pattern of racketeering activity" requires at least two acts of
    racketeering activity committed within ten years of each other. 18
    U.S.C.A. § 1961(5) (West 1984). Congress intended a fairly flexible
    concept of a pattern in mind. H.J., Inc. v. Northwestern Bell Tel. Co.,
    492 U.S. 229, 239, 109 S. Ct. 2893, 2900, 106 L. Ed. 2d 195 (1989). The government must show that the racketeering predicates are related, and
    that they amount to or pose a threat of continued criminal activity. Id. Racketeering predicates are related if they have the same or similar
    purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events. Id. at 240, 109 S. Ct. at 2901; Ticor Title Ins. Co. v. Florida, 937 F. 2d 447, 450 (9th Cir. 1991). Furthermore, the degree in
    which these factors establish a pattern may depend on the degree of
    proximity, or any similarities in goals or methodology, or the number of repetitions. United States v. Indelicato, 865 F. 2d 1370, 1382 (2d
    Cir.), cert. denied, 493 U.S. 811, 110 S. Ct. 56, 107 L. Ed. 2d 24
    (1989).

    Continuity refers either to a closed period of repeated conduct, or to
    past conduct that by its nature projects into the future with a threat
    of repetition. H.J., Inc., 492 U.S. at 241-42, 109 S. Ct. at 2902. A
    party alleging a RICO violation may demonstrate continuity over a closed
    period by proving a series of related predicates extending over a
    substantial period of time. Id. Predicate acts extending over a few
    weeks or months and threatening no future criminal conduct do not
    satisfy this requirement as Congress was concerned with RICO in
    long-term criminal conduct. Id.

    As to the continuity requirement, the government may show that the
    racketeering acts found to have been committed pose a threat of
    continued racketeering activity by proving: (1) that the acts are part
    of a long-term association that exists for criminal purposes, or (2)
    that they are a regular way of conducting the defendant's ongoing
    legitimate business, or (3) that they are a regular way of conducting or participating in an ongoing and legitimate enterprise. Id.

    When a RICO action is brought before continuity can be established, then liability depends on whether the threat of continuity is demonstrated.
    Id. However, Judge Scalia wrote in his concurring opinion that it would
    be absurd to say that "at least a few months of racketeering activity. .
    .is generally for free, as far as RICO is concerned." Id. at 254, 109 S.
    Ct. at 2908. Therefore, if the predicate acts involve a distinct threat
    of long-term racketeering activity, either implicit or explicit, a RICO
    pattern is established. Id. at 242, 109 S. Ct. at 2902.

    The RICO statute expressly states that it is unlawful for any person to conspire to violate any of the subsections of 18 U.S.C.A. § 1962. The government need not prove that the defendant agreed with every other conspirator, knew all of the other conspirators, or had full knowledge
    of all the details of the conspiracy. Delano, 825 F. Supp. at 542. All
    that must be shown is: (1) that the defendant agreed to commit the
    substantive racketeering offense through agreeing to participate in two racketeering acts; (2) that he knew the general status of the
    conspiracy; and (3) that he knew the conspiracy extended beyond his
    individual role. United States v. Rastelli, 870 F. 2d 822, 828 (2d
    Cir.), cert. denied, 493 U.S. 982, 110 S. Ct. 515, 107 L. Ed. 2d 516
    (1989).

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)