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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?

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RICO

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  1. RICO

  2. 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?

  3. 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.

  4. 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.

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

  6. WHAT MADE RICO DIFFERENT?? • UNDER TRADITIONAL CONSPIRACY STATUTES PROSECUTION FOR ENGAGING IN ORGANIZED CRIME REQUIRES AGREEMENT AMONG THE PARTICIPANTS ABOUT A SPECIFIC CRIME.

  7. 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)

  8. AND THE PENALTIES? • MAXIMIM FINE OF $25,000, IMPRISONMENT OF NOT MORE THAN 20 YEARS OR BOTH!

  9. 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.

  10. 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.

  11. 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.

  12. BUT RICO HAS ITS CRITICS

  13. 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.

  14. 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.)

  15. 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.

  16. 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.

  17. 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…..

  18. 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.

  19. SO NOW IT’S YOUR TURN!

  20. 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?

  21. THIS IS THE LAST CLASS! • YES I KNOW IT’S PRETTY LAME • BUT IT ‘S A GREAT SONG

  22. 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

  23. GLAD YOU WERE IN CLASS! • I APPRECIATE ALL OF THE ENERGY! • STUDY HARD • THE CJ FIELD NEEDS YOUR DEDICATION!

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