Continuing Criminal Enterprise
Encyclopedia
The Continuing Criminal Enterprise Statute (commonly referred to as CCE Statute or The Kingpin Statute) is a United States federal law that targets large-scale drug traffickers who are responsible for long-term and elaborate drug conspiracies. Unlike the RICO Act
, which covers a wide range of organized crime
enterprises, the CCE statute covers only major narcotics organizations. CCE is codified as Chapter 13 of Title 21 of the United States Code
, 21 U.S.C. § 848. The statute makes it a federal crime to commit or conspire to commit a continuing series of felony violations of the 1970 Drug Abuse Prevention and Control Act when such acts are taken in concert with 5 or more other persons. For conviction under this statute, the offender must have been an organizer, manager, or supervisor of the continuing operation and have obtained substantial income or resources from the drug violations.
The sentence for a first CCE conviction is a mandatory minimum
20 years' imprisonment (with a maximum of life imprisonment), a fine of not more than $2 million, and forfeiture of profits and any interest in the enterprise. Under the so-called "super kingpin" provision added as subsection (b) to the CCE statute in 1984, a person convicted of being a "principal" administrator, organizer, or leader of a criminal enterprise that either involves a large amount of narcotics (at least 300 times the quantity that would trigger a 5-year mandatory-minimum sentence for possession), or generates a large amount of money (at least $10 million in gross receipts during a single year), must serve a mandatory life sentence without possibility of parole (sometimes referred to as a "living death" or "pine box" sentence, since the offender is strictly ineligible for release while alive). Anyone engaging in a continuing criminal enterprise who intentionally kills a person or causes an intentional killing may be sentenced to death. Probation, parole, and suspension of the sentence are prohibited.
led by brothers Demetrius "Big Meech" Flenory and Terry "Southwest T" Flenory. Originally from the streets of Southwest Detroit, the brothers started selling $50 bags of crack in high school and by the early 1990s were distributing thousands of kilograms of cocaine
in over 21 states.
area. His trial featured the first ever anonymous jury in the District's history. Furthermore, jurors were kept behind bulletproof glass in the courtroom and the defendant, Edmond, was housed at the U.S. Marine Base at Quantico
and flown in daily on military transport.
street gang and was alleged to be its leader despite being in prison since 1973. On August 31, 1995, Hoover was arrested by federal agents at the Vienna Correctional Center and moved to MCC Chicago
, being charged with Continuing Criminal Enterprise and a host of other charges related to gang activity. He is currently serving a life sentence at the super-maximum security facility in ADX Florence
in Florence, Colorado.
, composed of seven brothers and four sisters, inherited the organization from Miguel Ángel Félix Gallardo
upon his 1989 arrest for involvement in the murder of a DEA
agent. All would eventually have CCE charges brought against them for cocaine, heroin, methamphetamine, and marijuana trafficking offenses; as well as numerous murders. All brothers are now either captured, killed by police, or in prison except for Francisco Rafael Arellano Félix
and Luis Fernando Arellano Félix. Luis Fernando is believed to be the current head of the organization and is believed to be aided by his remaining sisters, principally Alicia and Enedina.
. Following the trial, the United States Attorney's Office directed an investigation into Magluta and Falcon's finances that ultimately revealed that members of their jury - including the jury foreman - had been bribed. Magluta, Falcon, several of the jurors, their associates and even some of their lawyers were ultimately charged with various criminal offenses arising from the conduct. Magluta was eventually sentenced to 205 years in federal prison, while Falcon received only 20 years after striking a plea deal with the government. Magluta was initially transferred to the supermax federal prison facility in Florence, Colorado. In 2010, after Magluta's attorney, Paul Petruzzi, sued the Federal Government, Magluta was transferred out of ADX Florence. Federal agents involved in the case say there are few drug traffickers in history more successful or well-known than Magluta and Falcon. Magluta is currently seeking a new trial based on over 40 legal violations. He is presently represented by Paul Petruzzi and Richard Klugh.
, one of the most violent maximum security facilities in the country. Less than a year into his sentence, on August 21, 1986, Felix was stabbed to death in his cell, just days before his 32nd birthday. His funeral was a major spectacle in Oakland. Over 10 Rolls-Royce
limousines trailed the horse-drawn carriage that carried his body. Many celebrities and over 1,000 people attended the elaborate funeral, which received international media coverage.
Racketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
, which covers a wide range of organized crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...
enterprises, the CCE statute covers only major narcotics organizations. CCE is codified as Chapter 13 of Title 21 of the United States Code
Title 21 of the United States Code
Title 21 of the United States Code governs Food and Drugs in the United States Code.-Title 21 — Food and Drugs:Title 21 has 26 chapters: — Adulterated or Misbranded Foods or Drugs — [Teas] — Filled Milk...
, 21 U.S.C. § 848. The statute makes it a federal crime to commit or conspire to commit a continuing series of felony violations of the 1970 Drug Abuse Prevention and Control Act when such acts are taken in concert with 5 or more other persons. For conviction under this statute, the offender must have been an organizer, manager, or supervisor of the continuing operation and have obtained substantial income or resources from the drug violations.
The sentence for a first CCE conviction is a mandatory minimum
Mandatory sentencing
A mandatory sentence is a court decision setting where judicial discretion is limited by law. Typically, people convicted of certain crimes must be punished with at least a minimum number of years in prison...
20 years' imprisonment (with a maximum of life imprisonment), a fine of not more than $2 million, and forfeiture of profits and any interest in the enterprise. Under the so-called "super kingpin" provision added as subsection (b) to the CCE statute in 1984, a person convicted of being a "principal" administrator, organizer, or leader of a criminal enterprise that either involves a large amount of narcotics (at least 300 times the quantity that would trigger a 5-year mandatory-minimum sentence for possession), or generates a large amount of money (at least $10 million in gross receipts during a single year), must serve a mandatory life sentence without possibility of parole (sometimes referred to as a "living death" or "pine box" sentence, since the offender is strictly ineligible for release while alive). Anyone engaging in a continuing criminal enterprise who intentionally kills a person or causes an intentional killing may be sentenced to death. Probation, parole, and suspension of the sentence are prohibited.
Black Mafia Family
Major cocaine distribution organizationBlack Mafia Family
The Black Mafia Family , was a drug--trafficking organization originally based in Detroit, Michigan. Founded by the Flenory Brothers , the organization began in the late 1980s. By the year 2000, they had established multi-kilogram cocaine distribution cells in cities throughout the United States...
led by brothers Demetrius "Big Meech" Flenory and Terry "Southwest T" Flenory. Originally from the streets of Southwest Detroit, the brothers started selling $50 bags of crack in high school and by the early 1990s were distributing thousands of kilograms of cocaine
Cocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
in over 21 states.
Rayful Edmond III
Convicted of distributing thousands of kilograms of cocaine in the Washington, D.C.Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
area. His trial featured the first ever anonymous jury in the District's history. Furthermore, jurors were kept behind bulletproof glass in the courtroom and the defendant, Edmond, was housed at the U.S. Marine Base at Quantico
Marine Corps Base Quantico
Marine Corps Base Quantico, sometimes abbreviated MCB Quantico, is a major United States Marine Corps training base located near Triangle, Virginia, covering nearly in southern Prince William County, northern Stafford County, and southeastern Fauquier County...
and flown in daily on military transport.
Larry Hoover
Hoover was the founder of the Gangster DisciplesGangster Disciples
The Black Gangster Disciple Nation is a gang which was formed on the South-side of Chicago in the late 1960s, by David Barksdale, leader of the Black Disciples, and Larry Hoover, leader of the Supreme Gangsters. The two groups united to form the Black Gangster Disciple Nation .The gang has made...
street gang and was alleged to be its leader despite being in prison since 1973. On August 31, 1995, Hoover was arrested by federal agents at the Vienna Correctional Center and moved to MCC Chicago
Metropolitan Correctional Center, Chicago
The Metropolitan Correctional Center, Chicago is a federal remand center in the United States, located in downtown Chicago, Illinois, at the intersection of Clark and Van Buren Streets. It has a triangular footprint, and has an exercise yard for the prisoners on its roof...
, being charged with Continuing Criminal Enterprise and a host of other charges related to gang activity. He is currently serving a life sentence at the super-maximum security facility in ADX Florence
ADX Florence
The United States Penitentiary Administrative Maximum Facility is a supermax prison for men that is located in unincorporated Fremont County, Colorado, United States, south of Florence. It is unofficially known as ADX Florence, Florence ADMAX, Supermax, or The Alcatraz of the Rockies...
in Florence, Colorado.
Tijuana Cartel
Leaders of the Tijuana CartelTijuana Cartel
The Tijuana Cartel is a Mexican drug cartel based in Tijuana. The cartel has been described as "one of the biggest and most violent criminal groups in Mexico"...
, composed of seven brothers and four sisters, inherited the organization from Miguel Ángel Félix Gallardo
Miguel Ángel Félix Gallardo
Miguel Ángel Félix Gallardo is a convicted Mexican drug lord known as "El Padrino" who in the 1980s formed the Guadalajara Cartel and became the first drug czar in Mexico to control all illegal drug traffic in Mexico and the corridors along the Mexico-U.S.A...
upon his 1989 arrest for involvement in the murder of a DEA
DEA
DEA is the commonly used acronym for the Drug Enforcement Administration, a United States law enforcement agency.DEA or Dea may also refer to:- Organizations :* DEA , UK development education charity...
agent. All would eventually have CCE charges brought against them for cocaine, heroin, methamphetamine, and marijuana trafficking offenses; as well as numerous murders. All brothers are now either captured, killed by police, or in prison except for Francisco Rafael Arellano Félix
Francisco Rafael Arellano Félix
Francisco Rafael Arellano Félix is a Mexican drug lord involved in the Tijuana Cartel. The oldest of a gang of seven brothers who allegedly ran the Tijuana-based drug cartel, he coordinated the buying, selling, and movements of narcotics on behalf of the organization.He was arrested on August 7,...
and Luis Fernando Arellano Félix. Luis Fernando is believed to be the current head of the organization and is believed to be aided by his remaining sisters, principally Alicia and Enedina.
Salvador Magluta & Augusto Falcon
Salvador "Sal" Magluta and Augusto "Willy" Falcon operated one of the most significant cocaine trafficking organizations in South Florida history. They were indicted by a federal grand jury in April 1991 for a plethora of drug trafficking crimes, including operating a continuing criminal enterprise. They were accused of importing and distributing over 75 tons of cocaine, or over 68,181 kilograms (150,000 lbs). Both Magluta and Flacon were found not guilty after a lengthy trial before Judge Federico Moreno. Magluta was represented by Roy Black and Falcon was represented by Albert KriegerAlbert Krieger
Albert Krieger is an American defense lawyer. He was mafioso John Gotti's lawyer. He is a nationally recognized expert on cross-examination. He was the recipient of the National Association of Criminal Defense Lawyers's 1995 Robert C. Heeney Memorial Award as well as their Lifetime Achievement...
. Following the trial, the United States Attorney's Office directed an investigation into Magluta and Falcon's finances that ultimately revealed that members of their jury - including the jury foreman - had been bribed. Magluta, Falcon, several of the jurors, their associates and even some of their lawyers were ultimately charged with various criminal offenses arising from the conduct. Magluta was eventually sentenced to 205 years in federal prison, while Falcon received only 20 years after striking a plea deal with the government. Magluta was initially transferred to the supermax federal prison facility in Florence, Colorado. In 2010, after Magluta's attorney, Paul Petruzzi, sued the Federal Government, Magluta was transferred out of ADX Florence. Federal agents involved in the case say there are few drug traffickers in history more successful or well-known than Magluta and Falcon. Magluta is currently seeking a new trial based on over 40 legal violations. He is presently represented by Paul Petruzzi and Richard Klugh.
Felix Mitchell
Felix "The Cat" Mitchell was a well-known heroin kingpin and leader of the "69 Mob" in Oakland, CA. At its height, his empire covered all of California and extended into the Midwest. His organization brought it an estimated $400,000 in monthly business. In 1985 Felix was convicted of running a continuing criminal enterprise and sentenced to life in prison in USP LeavenworthUnited States Penitentiary, Leavenworth
The United States Penitentiary , Leavenworth was the largest maximum security federal prison in the United States from 1903 until 2005. It became a medium security prison in 2005.It is located in Leavenworth, Kansas...
, one of the most violent maximum security facilities in the country. Less than a year into his sentence, on August 21, 1986, Felix was stabbed to death in his cell, just days before his 32nd birthday. His funeral was a major spectacle in Oakland. Over 10 Rolls-Royce
Rolls-Royce (car)
This a list of Rolls-Royce motor cars and includes vehicles produced by:*Rolls-Royce Limited *Rolls-Royce Motors , which was owned by Vickers between 1980 and 1998, and after that by Volkswagen...
limousines trailed the horse-drawn carriage that carried his body. Many celebrities and over 1,000 people attended the elaborate funeral, which received international media coverage.
See also
- RICO ActRacketeer Influenced and Corrupt Organizations ActThe Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
- United States Patriot Act