Racketeer Influenced and Corrupt Organizations Act
Encyclopedia
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. The RICO Act focuses specifically on racketeering, and it allows for the leaders of a syndicate to be tried for the crimes which they ordered
others to do or assisted them
, closing a perceived loophole that allowed someone who told a man to, for example, murder, to be exempt from the trial because they did not actually do it.
RICO was enacted by section 901(a) of the Organized Crime Control Act
of 1970 . RICO is codified as Chapter 96 of Title 18 of the United States Code, 18 U.S.C. § 1961–1968. While its original use was to prosecute the Mafia
as well as others who were actively engaged in organized crime, its application has been more widespread.
It has been speculated that the name and acronym were selected in a sly reference to the movie Little Caesar
, which featured a notorious gangster named Rico. The original drafter of the bill, G. Robert Blakey
, refused to confirm or deny this. G. Robert Blakey remains an expert on RICO; his former student Michael Goldsmith
also gained a reputation as one of the nation's leading RICO experts.
s and 8 state crime
s—within a 10-year period can be charged with racketeering. Those found guilty of racketeering can be fined up to $25,000 and sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through a pattern of "racketeering activity." RICO also permits a private individual harmed by the actions of such an enterprise to file a civil suit; if successful, the individual can collect treble damages
.
When the U.S. Attorney decides to indict someone under RICO, he or she has the option of seeking a pre-trial restraining order
or injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond
. This provision was placed in the law because the owners of Mafia
-related shell corporations often absconded with the assets. An injunction and/or performance bond ensures that there is something to seize in the event of a guilty verdict.
In many cases, the threat of a RICO indictment can force defendants to plead guilty to lesser charges, in part because the seizure of assets would make it difficult to pay a defense attorney
. Despite its harsh provisions, a RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts.
There is also a provision for private parties to sue. A "person damaged in his business or property" can sue one or more "racketeers". The plaintiff must prove the existence of an "enterprise". The defendant(s) are not the enterprise; in other words, the defendant(s) and the enterprise are not one and the same. There must be one of four specified relationships between the defendant(s) and the enterprise: either the defendant(s) invested the proceeds of the pattern of racketeering activity into the enterprise; or the defendant(s) acquired or maintained an interest in, or control over, the enterprise through the pattern of racketeering activity; or the defendant(s) conducted or participated in the affairs of the enterprise "through" the pattern of racketeering activity; or the defendant(s) conspired to do one of the above. In essence, the enterprise is the victim of the racketeers. A civil RICO action, like many lawsuits based on federal law
, can be filed in state or federal court.
Both the federal and civil components allow for the recovery of treble damages
(damages in triple the amount of actual/compensatory damages).
Although its primary intent was to deal with organized crime
, Blakey said that Congress never intended it to merely apply to the Mob. He once told Time
, "We don't want one set of rules for people whose collars are blue or whose names end in vowels, and another set for those whose collars are white and have Ivy League
diplomas."
Pattern of racketeering activity requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity. The U.S. Supreme Court
has instructed federal courts to follow the continuity-plus-relationship test in order to determine whether the facts of a specific case give rise to an established pattern. Predicate acts 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." (H.J. Inc. v. Northwestern Bell Telephone Co.) Continuity is both a closed and open ended concept, referring to either a closed period of conduct, or to past conduct that by its nature projects into the future with a threat of repetition.
and blackmail
, one of the most successful applications of the RICO laws has been the ability to indict or sanction individuals for their behavior and actions committed against witnesses and victims in alleged retaliation or retribution for cooperating with federal law enforcement or intelligence agencies.
Violations of the RICO laws can be alleged in civil lawsuit cases or for criminal charges. In these instances charges can be brought against individuals or corporations in retaliation for said individuals or corporations working with law enforcement. Further, charges can also be brought against individuals or corporations who have sued or filed criminal charges against a defendant.
Anti-SLAPP (strategic lawsuit against public participation
) laws can be applied in an attempt to curb alleged abuses of the legal system
by individuals or corporations who utilize the courts as a weapon to retaliate against whistle blowers, victims, or to silence another's speech. RICO could be alleged if it can be shown that lawyers and/or their clients conspired and collaborated to concoct fictitious legal complaints solely in retribution and retaliation for themselves having been brought before the courts.
Although the RICO laws may cover drug trafficking crimes in addition to other more traditional RICO predicate acts such as extortion, blackmail, and racketeering, large-scale and organized drug networks are now commonly prosecuted under the Continuing Criminal Enterprise Statute
, also known as the "Kingpin Statute". The CCE laws target only traffickers who are responsible for long-term and elaborate conspiracies; whereas the RICO law can be charged for a variety of organized criminal behavior.
using RICO. In United States v. Barger, the prosecution team attempted to demonstrate a pattern of behavior to convict Barger and other members of the club of RICO offenses related to guns and illegal drugs. The jury acquitted Barger on the RICO charges with a hung jury
on the predicate acts: "There was no proof it was part of club policy, and as much as they tried, the government could not come up with any incriminating minutes from any of our meetings mentioning drugs and guns."
boss Frank "Funzi" Tieri was the first Mafia
boss to be convicted under the RICO Act.
s, using racketeering laws to prosecute the highers-up in the episcopacy for abuses committed by those under their authority. A Cleveland grand jury cleared two bishops of racketeering charges, finding that their mishandling of sex abuse claims did not amount to criminal racketeering. Certain lawyers and abuse advocates have openly wondered why a similar suit was not filed against archbishop Bernard Law, who escaped prosecution by going into exile in Vatican City
.
in Monroe County, Florida
, was declared a criminal enterprise under the federal
RICO statutes after a lengthy United States Department of Justice
investigation. Several high-ranking officers of the department, including Deputy Police Chief Raymond Cassamayor, were arrested on federal charges of running a protection racket
for illegal cocaine
smugglers. At trial
, a witness testified he routinely delivered bags of cocaine
to the Deputy Chief's office at City Hall.
was indicted on 98 counts of racketeering and fraud relating to an investigation into insider trading
and other offenses. Milken was accused of using a wide-ranging network of contacts to manipulate stock and bond prices. It was one of the first occasions that a RICO indictment was brought against an individual with no ties to organized crime. Milken pled guilty to six lesser offenses rather than face spending the rest of his life in prison.
On September 7, 1988, Milken's employer, Drexel Burnham Lambert
, was also threatened with a RICO indictment under the legal doctrine that corporations are responsible for their employees' crimes. Drexel avoided RICO charges by pleading no contest
to lesser felonies. While many sources say that Drexel pleaded guilty, in truth the firm only admitted it was "not in a position to dispute the allegations." If Drexel had been indicted, it would have had to post a performance bond of up to $1 billion to avoid having its assets frozen. This would have taken precedence over all of the firm's other obligations—including the loans that provided 96 percent of its capital. If the bond ever had to be paid, its shareholders would have been practically wiped out. Since banks will not extend credit to a firm indicted under RICO, an indictment would have likely put Drexel out of business.
baseball team filed charges under the RICO Act against Major League Baseball
commissioner Bud Selig
and former Expos owner Jeffrey Loria
, claiming that Selig and Loria deliberately conspired to devalue the team for personal benefit in preparation for a move. If found liable, Major League Baseball could have been responsible for up to $300 million in punitive damages
. The case lasted for two years, successfully stalling the Expos' move to Washington
or contraction during that time. It was eventually sent to arbitration
where the arbiters ruled in favor of Major League Baseball, permitting the move to Washington to take place.
, sought damages and an injunction against pro-life activists who physically block access to abortion
clinics. The Court held that a RICO enterprise does not need an economic motive, and that the Pro-Life Action Network could therefore qualify as a RICO enterprise. The Court remanded for consideration of whether PLAN committed the requisite acts in a pattern of racketeering activity.
known as "Whitey" Bulger — is the alleged leader of the Winter Hill Gang
, an Irish-American
crime family
based in Boston, Massachusetts. He is the older brother of William Michael Bulger, a former President of the Massachusetts State Senate and the University of Massachusetts
.
On August 19, 1999, Bulger became the 458th person added to the Federal Bureau of Investigation
(FBI) Ten Most Wanted Fugitives
list. He is under arrest and awaiting trial for racketeering under RICO
, murder, conspiracy
to commit murder, extortion
, conspiracy to commit extortion, money laundering
, conspiracy to commit money laundering and narcotics distribution. In October 2007, Interpol
released a "red notice"
for Bulger. John Connolly
is a former FBI
agent, currently incarcerated in a federal penitentiary for racketeering and obstruction of justice convictions stemming from his relationship with James J. "Whitey" Bulger
, Steve Flemmi
, and the Winter Hill Gang
. He is the brother-in-law
of Arthur Gianelli who is married to Mary Ann Moore, the sister of Connolly's wife Elizabeth. State police and other federal officers had been trying to imprison Whitey Bulger for years, but somehow Bulger always avoided getting caught. As the FBI handler for Bulger and Flemmi, Connolly (who had grown up in the Old Harbor Housing Project with Bulger) had been protecting them from prosecution by feeding him information about possible attempts to catch them. Connolly was indicted on December 22, 1999 on charges of alerting Bulger and Flemmi to investigations, falsifying FBI reports to cover their crimes, and accepting bribes. In 2000, he was charged with additional racketeering related offenses. He was convicted on the racketeering charges in 2002 and sentenced to 10 years in prison. On November 6, 2008, a jury convicted Connolly of second-degree murder. According to the prosecutors, Connolly faced a possible sentence of 30 years to life in prison. Connolly was due to be sentenced on December 4, 2008 but sentencing was postponed until January while the judge in the case, Circuit Judge Stanford Blake, considered a motion by the defense to dismiss the case. The defense argued that in Florida, the statute of limitations
had expired for second-degree murder when Connolly was convicted. On January 15, 2009, Blake sentenced Connolly to 40 years in prison, saying that Connolly "crossed over to the dark side." The judge agreed with the defense's argument involving the statute of limitations, but noted that their motion was past the deadline for such motions. He accepted prosecutors' argument that Connolly abused his badge and deserved more than the 30-year minimum. The sentence will run consecutively with his 10-year sentence for racketeering, meaning that Connolly will spend the rest of his life in prison. On June 22, 2011, James Whitey Bulger was arrested at the apartment he had lived in for fifteen years in Santa Monica, California
, along with his girlfriend Catherine Greig. He was 81 years old at the time of his arrest, and supposedly in poor health.
heard Mohawk Industries, Inc. v. Williams, which concerned what sort of corporations fell under the scope of RICO. Mohawk Industries had allegedly hired illegal aliens
, in violation of RICO. The court was asked to decide whether Mohawk Industries, along with recruiting agencies, constitutes an 'enterprise' that can be prosecuted under RICO, but in June of that year dismissed the case and remanded it to Court of Appeals.
, most of the state leadership members of the street gang, the Latin Kings, were arrested in connection with RICO conspiracy charges to engage in racketeering and currently await trial. The operation, called "Down Crown", targeted statewide leadership of the Latin Kings. The raid occurred at the Caribbean American Club. Along with Hillsborough County Sheriff’s Office
, Tampa Police Department
, the State Attorney’s Office, the FBI, Immigration and Customs Enforcement, and the federal Bureau of Alcohol, Tobacco and Firearms were involved in the operation. Included in the arrest were leader Gilberto Santana from Brooklyn NY, Captain Luis Hernandez from Miami FL, Affiliate Celina Hernandez, Affiliate Michael Rocca, Affiliate Jessica Ramirez, Affiliate Reinaldo Arroyo, Affiliate Samual Alvarado, Omari Tolbert, Edwin DeLeon, and many others, totaling 39.
(Capo
Ronald Trucchio
, Terry Scaglione, Steven Catallono and associate Kevin McMahon) were tried under RICO statutes, found guilty and sentenced to life in prison.
indicted 15 Outfit
members and associates under RICO predicates. As of 2009 Joseph Lombardo
and James Marcello
have been sentenced to life imprisonment
.
(born March 22, 1944, in Chicago, Illinois) is a former high-profile Los Angeles
private investigator
who recently served a sentence of three and a half years in federal prison
for illegal possession of explosives, firearms and homemade grenades, and who was arrested on February 4, 2006, on unlawful wiretapping and racketeering charges. On February 6, 2006, Pellicano was indicted on 110 counts in United States District Court for the Central District of California
in Los Angeles
alleging crimes of racketeering and conspiracy
, wiretapping, witness tampering
, identity theft
and destruction of evidence. On May 15, 2008, after acting as his own lawyer and suffering a nine day jury deliberation, Pellicano was found guilty on 76 of 77 counts related to racketeering, along with four co-defendants. However, a parade of wealthy witnesses admittedly listened to wiretaps at one time or another. They included Alec Gores
, a corporate buyout specialist; Freddy DeMann
, a music executive who was once Madonna
’s manager; and Adam D. Sender, a hedge fund manager and onetime movie investor. Although some may have known about and paid for Pellicano's services, none received criminal charges. Summing up, the prosecuting attorney stated that he chose to attack the supply rather than the demand, the way that vice investigators attack pimp
s and prostitutes rather than johns, because “that’s how you make a dent in it.” The johns in this case were the likes of Bert Fields, Brad Grey
, Ron Meyer
, Michael Ovitz
and Chris Rock
, all of whom paid Pellicano for services rendered. “If the government has no plans to go higher than Pellicano, this is a depressingly pedestrian effort that shows a lack of ambition,” commented John C. Coffee, a professor at Columbia Law School and an expert on white-collar crime
, as quoted in the NY Times story on the verdict.
and Mark Ciavarella
. The judges were charged with RICO after allegedly committing acts of Wire fraud
, Mail Fraud, Tax Evasion
, Money Laundering
, and honest services fraud
. The judges were accused of taking kickback
s for housing juveniles, that the judges convicted for mostly petty crimes, at a private detention center. The incident was dubbed by many local and national newspapers as the "Kids for cash scandal
". On February 18, 2011, a federal jury found Michael Ciavarella guilty of racketeering because of his involvement in accepting illegal payments from Robert Mericle, the developer of PA Child Care, and Attorney Robert Powell, a co-owner of the facility. Ciavarella is facing 38 other counts in federal court.
' onMouseout='HidePop("78837")' href="/topics/Organized_crime">organized crime
boss and global con artist believed by European and United States federal law enforcement agencies to be the "boss of bosses
" of most Russian Mafia
syndicates in the world. Mogilevich's nicknames include "Don Semyon", and "The Brainy Don" (because of his business acumen and college education). He is believed to control a vast criminal empire, and has been called "the most dangerous mobster in the world". In 2003, the United States Federal Bureau of Investigation
put Mogilevich on the "Wanted List" for participation in the scheme to defraud investors in Canadian company YBM Magnex International Inc. Frustrated by their previous unsuccessful efforts to charge him for arms trafficking, contract killing
, drug trafficking, extortion
, and prostitution
they had now settled on the large-scale fraud charges as their best hope of running him to ground. He was, however, considered to be the most powerful Russian mobster alive. In a 2006 interview, former Clinton administration anti-organized-crime czar Jon Winer said, "I can tell you that Semion Mogilevich is as serious an organized criminal as I have ever encountered and I am confident that he is responsible for contract killing
s." On October 22, 2009 he was named by the FBI as the 494th fugitive to be placed
on the FBI Ten Most Wanted list. A Ukrainian businessman charged with more than 40 counts of racketeering, wire fraud
, mail fraud, money laundering
, and other economic crimes carried out in dozens of countries around the world is the newest addition to our Ten Most Wanted Fugitives list. Semion Mogilevich is wanted for his alleged participation in a multi-million dollar scheme to defraud investors in the stock of YBM Magnex International, a company he controlled—which had its world headquarters just outside Philadelphia—that was supposed to manufacture magnets but instead bilked investors out of $150 million.
is a disbarred lawyer and the former managing shareholder, chairman, and chief executive officer
of the now-defunct Rothstein Rosenfeldt Adler law firm. He is accused of funding his philanthropy, political contributions, law firm salaries, and an extravagant lifestyle with a massive 1.2 billion dollar Ponzi scheme
. On December 1, 2009. Rothstein turned himself in to federal authorities and was subsequently arrested on charges related to the Racketeer Influenced and Corrupt Organizations Act (RICO). Although his arraignment plea was not guilty, Rothstein cooperated with the government and reversed his plea to guilty of five federal crimes on January 27, 2010. Bond was denied by U.S. Magistrate Judge Robin Rosenbaum, who ruled that due to his ability to forge documents, he was considered a flight risk. On June 9, 2010, Rothstein received a 50-year prison sentence after a hearing in federal court in Fort Lauderdale.
. Eventually the work led to charges against 26 MS-13 members, including 7 trial convictions in January 2010, 18 guilty pleas, and 11 multi-year prison sentences.
This also included the alleged first federal death-penalty conviction for an MS-13 member, Alejandro Enrique Ramirez Umana, aka "Wizard" (age 25).
In 2005, in Los Angeles, according to a Jury in a later sentencing phase, Umana murdered Jose Herrera and Gustavo Porras (July 27) and participated and aided and abetted the killing of Andy Abarca (September 28). He later came to Charlotte, North Carolina, according to witnesses, as a veteran member of MS-13, in order to reorganize the Charlotte cell of the gang
.
According to witnesses at his later trial, on December 8, 2007, while in the Las Jarochitas, a family-run restaurant in Greensboro, North Carolina
, Umana shot Ruben Garcia Salinas fatally in the chest and Manuel Garcia Salinas in the head. Witnesses testified that the shootings took place after the Garcia Salinas brothers had “disrespected” Umana’s gang signs by calling them “fake.” Firing three more shots in the restaurant, according to trial testimony, Umana injured another individual with his gunfire. Trial testimony and evidence showed that Umana later fled back to Charlotte with MS-13 assistance. Umana was arrested five days later in possession of the murder weapon. Additional evidence and testimony from the trial revealed that while Umana was incarcerated while awaiting trial, he coordinated attempts to kill witnesses and informants.
Umana was indicted by a federal grand jury on June 23, 2008. During trial, Umana attempted to bring a knife with him to the courtroom, which was discovered by U.S. Marshals prior to Umana being transported to the courthouse. Thousands of hours were spent on the case over several years. International work was also involved.
The case was investigated by the Charlotte Safe Streets Task Force. The case was prosecuted by Chief Criminal Assistant U.S. Attorney Jill Westmoreland Rose of the U.S. Attorney’s Office
for the Western District of North Carolina, and Trial Attorney Sam Nazzaro from the Criminal Division’s Gang Unit. Assistant U.S. Attorneys Don Gast and Adam Morris of the U.S. Attorney’s Office
for the Western District of North Carolina were also members of the government’s trial team.
Charges included:
The jury convicted him on April 19, 2010 of all charges, and additionally found him responsible for the 2005 murders during the sentencing phase. On April 28, a 12-person federal jury in Charlotte voted unanimously to impose the death penalty. On July 27, 2010, Chief U.S. District Judge
Robert J. Conrad, Jr., of Charlotte, NC, formally imposed the federal death penalty sentence. Also commenting on the decision in the government press release were Assistant Attorney General Lanny A. Breuer, of the Criminal Division, U.S. Attorney
Anne M. Tompkins of the Western District of North Carolina, Owen D Harris, Special Agent
in charge of the Charlotte Division of the FBI, and Rodney Monreo, Charlotte-Mecklenburg Police Chief.
The case was automatically appealed under Federal Rules of Criminal Procedure
.
having a standardized definition of RICO-like crimes, the interpretation and national implementation in legislation (and enforcement) widely varies. Most nations do cooperate with the US on RICO enforcement only where their own related laws are specifically broken, but this is in line with the Interpol protocols for such matters.
By nation, alphabetically
Without other nations enforcing similar legislation to RICO many cross border RICO cases would not be possible. In the overall body of RICO cases that went to trial, at least 50% have had some non-US enforcement component to them. The offshoring of money away from the US finance system as part racketeering (and especially money laundering) is typically a major contributing factor to this.
However, other countries have laws that enable the government to seize property with unlawful origins. Mexico and Colombia both have specific laws that define the participation in criminal organizations as a separate crime (see Ley Federal contra la Delincuencia Organizada), and separate laws that allow the seizure of goods related with these crimes. (see Ley de Extinción de Dominio). This latter provides a specific chapter titled "International Cooperation", which instructs Mexican authorities to cooperate with foreign authorities with respect to organized crime assets within Mexico, and provides the framework by which Mexican authorities may politely request the cooperation of foreign authorities with respect to assets located outside of Mexico, in terms of any international instruments they may be party to.
Arguably, this may be construed as allowing the application of the RICO Act in Mexico, provided the relevant international agreements exist among Mexico and countries with RICO or RICO-equivalent provisions.
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
for acts performed as part of an ongoing criminal organization. The RICO Act focuses specifically on racketeering, and it allows for the leaders of a syndicate to be tried for the crimes which they ordered
Dirty hands
Dirty hands is a metaphor used in moral and political philosophy and everyday conversation to symbolize the sullying of one's moral standing by dealing with unsavory matters...
others to do or assisted them
Enmund v. Florida
Enmund v. Florida, , is a United States Supreme Court case was a 5-4 decision in which the United States Supreme Court applied its capital proportionality principle to set aside the death penalty for the driver of a getaway car in a robbery-murder of an elderly Florida couple.-Background:While...
, closing a perceived loophole that allowed someone who told a man to, for example, murder, to be exempt from the trial because they did not actually do it.
RICO was enacted by section 901(a) of the Organized Crime Control Act
Organized Crime Control Act
The Organized Crime Control Act of 1970 , was an Act of Congress sponsored by Democratic Senator John L. McClellan and signed into law by U.S. President Richard Nixon....
of 1970 . RICO is codified as Chapter 96 of Title 18 of the United States Code, 18 U.S.C. § 1961–1968. While its original use was to prosecute the Mafia
American Mafia
The American Mafia , is an Italian-American criminal society. Much like the Sicilian Mafia, the American Mafia has no formal name and is a secret criminal society. Its members usually refer to it as Cosa Nostra or by its English translation "our thing"...
as well as others who were actively engaged in organized crime, its application has been more widespread.
It has been speculated that the name and acronym were selected in a sly reference to the movie Little Caesar
Little Caesar (film)
Little Caesar is a 1931 Warner Bros. Pre-Code crime film. It tells the story of a hoodlum who ascends the ranks of organized crime until he reaches its upper echelons. Directed by Mervyn LeRoy, the film stars Edward G. Robinson and Douglas Fairbanks, Jr.. The story was adapted by Francis Edward...
, which featured a notorious gangster named Rico. The original drafter of the bill, G. Robert Blakey
G. Robert Blakey
George Robert Blakey is an American attorney and law professor. He is best known for his work in connection with drafting the Racketeer Influenced and Corrupt Organizations Act and for scholarship on that subject.-Education and family:Blakey graduated from the University of Notre Dame in 1957,...
, refused to confirm or deny this. G. Robert Blakey remains an expert on RICO; his former student Michael Goldsmith
Michael Goldsmith
Michael Goldsmith was a law professor at Brigham Young University's J. Reuben Clark Law School.- Early life and education :Michael Goldsmith was born March 6, 1951 in Tel Aviv, Israel and immigrated to the United States of America with his family in June 1955...
also gained a reputation as one of the nation's leading RICO experts.
Summary
Under RICO, a person who is a member of an enterprise that has committed any two of 35 crimes—27 federal crimeFederal crime
In the United States, a federal crime or federal offense is a crime that is made illegal by U.S. federal legislation. In the United States, criminal law and prosecution happen at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and...
s and 8 state crime
State crime
In criminology, state crime is activity or failures to act that break the state's own criminal law or public international law. For these purposes, Ross defines a "state" as the elected and appointed officials, the bureaucracy, and the institutions, bodies and organisations comprising the...
s—within a 10-year period can be charged with racketeering. Those found guilty of racketeering can be fined up to $25,000 and sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through a pattern of "racketeering activity." RICO also permits a private individual harmed by the actions of such an enterprise to file a civil suit; if successful, the individual can collect treble damages
Treble damages
Treble damages, in law, is a term that indicates that a statute permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff, generally in order to punish the losing party for willful conduct. Treble damages are a multiple of, and not an addition...
.
When the U.S. Attorney decides to indict someone under RICO, he or she has the option of seeking a pre-trial restraining order
Restraining order
A restraining order or order of protection is a form of legal injunction that requires a party to do, or to refrain from doing, certain acts. A party that refuses to comply with an order faces criminal or civil penalties and may have to pay damages or accept sanctions...
or injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond
Performance bond
A performance bond is a surety bond issued by an insurance company or a bank to guarantee satisfactory completion of a project by a contractor.A job requiring a payment & performance bond will usually require a bid bond, to bid the job...
. This provision was placed in the law because the owners of Mafia
Mafia
The Mafia is a criminal syndicate that emerged in the mid-nineteenth century in Sicily, Italy. It is a loose association of criminal groups that share a common organizational structure and code of conduct, and whose common enterprise is protection racketeering...
-related shell corporations often absconded with the assets. An injunction and/or performance bond ensures that there is something to seize in the event of a guilty verdict.
In many cases, the threat of a RICO indictment can force defendants to plead guilty to lesser charges, in part because the seizure of assets would make it difficult to pay a defense attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
. Despite its harsh provisions, a RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts.
There is also a provision for private parties to sue. A "person damaged in his business or property" can sue one or more "racketeers". The plaintiff must prove the existence of an "enterprise". The defendant(s) are not the enterprise; in other words, the defendant(s) and the enterprise are not one and the same. There must be one of four specified relationships between the defendant(s) and the enterprise: either the defendant(s) invested the proceeds of the pattern of racketeering activity into the enterprise; or the defendant(s) acquired or maintained an interest in, or control over, the enterprise through the pattern of racketeering activity; or the defendant(s) conducted or participated in the affairs of the enterprise "through" the pattern of racketeering activity; or the defendant(s) conspired to do one of the above. In essence, the enterprise is the victim of the racketeers. A civil RICO action, like many lawsuits based on federal law
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
, can be filed in state or federal court.
Both the federal and civil components allow for the recovery of treble damages
Treble damages
Treble damages, in law, is a term that indicates that a statute permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff, generally in order to punish the losing party for willful conduct. Treble damages are a multiple of, and not an addition...
(damages in triple the amount of actual/compensatory damages).
Although its primary intent was to deal with 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...
, Blakey said that Congress never intended it to merely apply to the Mob. He once told Time
Time (magazine)
Time is an American news magazine. A European edition is published from London. Time Europe covers the Middle East, Africa and, since 2003, Latin America. An Asian edition is based in Hong Kong...
, "We don't want one set of rules for people whose collars are blue or whose names end in vowels, and another set for those whose collars are white and have Ivy League
Ivy League
The Ivy League is an athletic conference comprising eight private institutions of higher education in the Northeastern United States. The conference name is also commonly used to refer to those eight schools as a group...
diplomas."
RICO offenses
Under the law, racketeering activity means:- Any violation of state statutes against gamblingGamblingGambling is the wagering of money or something of material value on an event with an uncertain outcome with the primary intent of winning additional money and/or material goods...
, murderMurderMurder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, kidnappingKidnappingIn criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
, extortionExtortionExtortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
, arsonArsonArson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
, robberyRobberyRobbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
, briberyBriberyBribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
, dealing in obscene matterObscenityAn obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
, or dealing in a controlled substance or listed chemical (as defined in the Controlled Substances ActControlled Substances ActThe Controlled Substances Act was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA is the federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain...
); - Any act of briberyBriberyBribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
, counterfeiting, theftTheftIn common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
, embezzlementEmbezzlementEmbezzlement is the act of dishonestly appropriating or secreting assets by one or more individuals to whom such assets have been entrusted....
, fraudFraudIn criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
, dealing in obscene matter, obstruction of justiceObstruction of justiceThe crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
, slaverySlaverySlavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
, racketeering, gamblingGamblingGambling is the wagering of money or something of material value on an event with an uncertain outcome with the primary intent of winning additional money and/or material goods...
, money launderingMoney launderingMoney laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
, commission of murder-for-hire, and several other offenses covered under the Federal criminal code (Title 18); - EmbezzlementEmbezzlementEmbezzlement is the act of dishonestly appropriating or secreting assets by one or more individuals to whom such assets have been entrusted....
of unionTrade unionA trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
funds; - BankruptcyBankruptcy in the United StatesBankruptcy in the United States is governed under the United States Constitution which authorizes Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States." Congress has exercised this authority several times since 1801, most recently by adopting the Bankruptcy...
fraud or securities fraudSecurities fraudSecurities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws....
; - Drug trafficking; long-term and elaborate drug networks can also be prosecuted using the Continuing Criminal Enterprise StatuteContinuing Criminal EnterpriseThe Continuing Criminal Enterprise Statute is a United States federal law that targets large-scale drug traffickers who are responsible for long-term and elaborate drug conspiracies...
; - Money launderingMoney launderingMoney laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
and related offenses; - Bringing in, aiding or assisting aliensAlien (law)In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
in illegally entering the country (if the action was for financial gain); - Acts of terrorismTerrorismTerrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
.
Pattern of racketeering activity requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity. The U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
has instructed federal courts to follow the continuity-plus-relationship test in order to determine whether the facts of a specific case give rise to an established pattern. Predicate acts 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." (H.J. Inc. v. Northwestern Bell Telephone Co.) Continuity is both a closed and open ended concept, referring to either a closed period of conduct, or to past conduct that by its nature projects into the future with a threat of repetition.
Where RICO laws might be applied
Although some of the RICO predicate acts are extortionExtortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
and blackmail
Blackmail
In common usage, blackmail is a crime involving threats to reveal substantially true or false information about a person to the public, a family member, or associates unless a demand is met. It may be defined as coercion involving threats of physical harm, threat of criminal prosecution, or threats...
, one of the most successful applications of the RICO laws has been the ability to indict or sanction individuals for their behavior and actions committed against witnesses and victims in alleged retaliation or retribution for cooperating with federal law enforcement or intelligence agencies.
Violations of the RICO laws can be alleged in civil lawsuit cases or for criminal charges. In these instances charges can be brought against individuals or corporations in retaliation for said individuals or corporations working with law enforcement. Further, charges can also be brought against individuals or corporations who have sued or filed criminal charges against a defendant.
Anti-SLAPP (strategic lawsuit against public participation
Strategic lawsuit against public participation
A strategic lawsuit against public participation is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition....
) laws can be applied in an attempt to curb alleged abuses of the legal system
Barratry
Barratry is the name of four legal concepts, three in criminal and civil law, and one in admiralty law.* Barratry, in criminal and civil law, is the act or practice of bringing repeated legal actions solely to harass...
by individuals or corporations who utilize the courts as a weapon to retaliate against whistle blowers, victims, or to silence another's speech. RICO could be alleged if it can be shown that lawyers and/or their clients conspired and collaborated to concoct fictitious legal complaints solely in retribution and retaliation for themselves having been brought before the courts.
Although the RICO laws may cover drug trafficking crimes in addition to other more traditional RICO predicate acts such as extortion, blackmail, and racketeering, large-scale and organized drug networks are now commonly prosecuted under the Continuing Criminal Enterprise Statute
Continuing Criminal Enterprise
The Continuing Criminal Enterprise Statute is a United States federal law that targets large-scale drug traffickers who are responsible for long-term and elaborate drug conspiracies...
, also known as the "Kingpin Statute". The CCE laws target only traffickers who are responsible for long-term and elaborate conspiracies; whereas the RICO law can be charged for a variety of organized criminal behavior.
Hells Angels Motorcycle Club
In 1979, the United States federal government went after Sonny Barger and several members and associates of the Oakland chapter of the Hells AngelsHells Angels
The Hells Angels Motorcycle Club is a worldwide one-percenter motorcycle gang and organized crime syndicate whose members typically ride Harley-Davidson motorcycles. In the United States and Canada, the Hells Angels are incorporated as the Hells Angels Motorcycle Corporation. Their primary motto...
using RICO. In United States v. Barger, the prosecution team attempted to demonstrate a pattern of behavior to convict Barger and other members of the club of RICO offenses related to guns and illegal drugs. The jury acquitted Barger on the RICO charges with a hung jury
Hung jury
A hung jury or deadlocked jury is a jury that cannot, by the required voting threshold, agree upon a verdict after an extended period of deliberation and is unable to change its votes due to severe differences of opinion.- England and Wales :...
on the predicate acts: "There was no proof it was part of club policy, and as much as they tried, the government could not come up with any incriminating minutes from any of our meetings mentioning drugs and guns."
Frank Tieri
On November 21, 1980, Genovese crime familyGenovese crime family
The Genovese crime family , is one of the "Five Families" that dominates organized crime activities in New York City, United States, within the nationwide criminal phenomenon known as the Mafia . The Genovese crime family has been nicknamed the "Ivy League" and "Rolls Royce" of organized crime...
boss Frank "Funzi" Tieri was the first Mafia
Mafia
The Mafia is a criminal syndicate that emerged in the mid-nineteenth century in Sicily, Italy. It is a loose association of criminal groups that share a common organizational structure and code of conduct, and whose common enterprise is protection racketeering...
boss to be convicted under the RICO Act.
Catholic sex abuse cases
In some jurisdictions, RICO suits have been filed against Catholic dioceseDiocese
A diocese is the district or see under the supervision of a bishop. It is divided into parishes.An archdiocese is more significant than a diocese. An archdiocese is presided over by an archbishop whose see may have or had importance due to size or historical significance...
s, using racketeering laws to prosecute the highers-up in the episcopacy for abuses committed by those under their authority. A Cleveland grand jury cleared two bishops of racketeering charges, finding that their mishandling of sex abuse claims did not amount to criminal racketeering. Certain lawyers and abuse advocates have openly wondered why a similar suit was not filed against archbishop Bernard Law, who escaped prosecution by going into exile in Vatican City
Vatican City
Vatican City , or Vatican City State, in Italian officially Stato della Città del Vaticano , which translates literally as State of the City of the Vatican, is a landlocked sovereign city-state whose territory consists of a walled enclave within the city of Rome, Italy. It has an area of...
.
Key West PD
In June 1984, the Key West Police DepartmentKey West Police Department
The Key West Police Department is a full-service law enforcement agency servicing a population of 25,031 and 6 square miles within the municipality of Key West, Florida.-History:...
in Monroe County, Florida
Monroe County, Florida
Monroe County is a county located in the state of Florida. As of 2000, the population was 79,589. The U.S. Census Bureau 2006 estimate for the county was 74,737....
, was declared a criminal enterprise under the federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
RICO statutes after a lengthy United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
investigation. Several high-ranking officers of the department, including Deputy Police Chief Raymond Cassamayor, were arrested on federal charges of running a protection racket
Protection racket
A protection racket is an extortion scheme whereby a criminal group or individual coerces a victim to pay money, supposedly for protection services against violence or property damage. Racketeers coerce reticent potential victims into buying "protection" by demonstrating what will happen if they...
for illegal 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...
smugglers. At trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
, a witness testified he routinely delivered bags 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...
to the Deputy Chief's office at City Hall.
Michael Milken
On March 29, 1989, financier Michael MilkenMichael Milken
Michael Robert Milken is an American business magnate, financier, and philanthropist noted for his role in the development of the market for high-yield bonds during the 1970s and 1980s, for his 1990 guilty plea to felony charges for violating US securities laws, and for his funding of medical...
was indicted on 98 counts of racketeering and fraud relating to an investigation into insider trading
Insider trading
Insider trading is the trading of a corporation's stock or other securities by individuals with potential access to non-public information about the company...
and other offenses. Milken was accused of using a wide-ranging network of contacts to manipulate stock and bond prices. It was one of the first occasions that a RICO indictment was brought against an individual with no ties to organized crime. Milken pled guilty to six lesser offenses rather than face spending the rest of his life in prison.
On September 7, 1988, Milken's employer, Drexel Burnham Lambert
Drexel Burnham Lambert
Drexel Burnham Lambert was a major Wall Street investment banking firm, which first rose to prominence and then was forced into bankruptcy in February 1990 by its involvement in illegal activities in the junk bond market, driven by Drexel employee Michael Milken. At its height, it was the...
, was also threatened with a RICO indictment under the legal doctrine that corporations are responsible for their employees' crimes. Drexel avoided RICO charges by pleading no contest
Nolo contendere
is a legal term that comes from the Latin for "I do not wish to contend." It is also referred to as a plea of no contest.In criminal trials, and in some common law jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of...
to lesser felonies. While many sources say that Drexel pleaded guilty, in truth the firm only admitted it was "not in a position to dispute the allegations." If Drexel had been indicted, it would have had to post a performance bond of up to $1 billion to avoid having its assets frozen. This would have taken precedence over all of the firm's other obligations—including the loans that provided 96 percent of its capital. If the bond ever had to be paid, its shareholders would have been practically wiped out. Since banks will not extend credit to a firm indicted under RICO, an indictment would have likely put Drexel out of business.
Major League Baseball
In 2002, the former minority owners of the Montreal ExposMontreal Expos
The Montreal Expos were a Major League Baseball team located in Montreal, Quebec from 1969 through 2004, holding the first MLB franchise awarded outside the United States. After the 2004 season, MLB moved the Expos to Washington, D.C. and renamed them the Nationals.Named after the Expo 67 World's...
baseball team filed charges under the RICO Act against Major League Baseball
Major League Baseball
Major League Baseball is the highest level of professional baseball in the United States and Canada, consisting of teams that play in the National League and the American League...
commissioner Bud Selig
Bud Selig
Allan Huber "Bud" Selig is the ninth and current Commissioner of Major League Baseball, having served in that capacity since 1992 as the acting commissioner, and as the official commissioner since 1998...
and former Expos owner Jeffrey Loria
Jeffrey Loria
Jeffrey H. Loria is an art dealer and is the owner of the Miami Marlins. Raised in Manhattan, Loria took an early interest in baseball, attending his first New York Yankees game in the late 1940s. Loria attended New York City's Stuyvesant High School and Yale University, where he initially took...
, claiming that Selig and Loria deliberately conspired to devalue the team for personal benefit in preparation for a move. If found liable, Major League Baseball could have been responsible for up to $300 million in punitive damages
Punitive damages
Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit...
. The case lasted for two years, successfully stalling the Expos' move to Washington
Washington Nationals
The Washington Nationals are a professional baseball team based in Washington, D.C. The Nationals are a member of the Eastern Division of the National League of Major League Baseball . The team moved into the newly built Nationals Park in 2008, after playing their first three seasons in RFK Stadium...
or contraction during that time. It was eventually sent to arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
where the arbiters ruled in favor of Major League Baseball, permitting the move to Washington to take place.
Pro-life activists
RICO laws were successfully cited in NOW v. Scheidler, 510 U.S. 249, 114 S. Ct. 798, 127 L.Ed. 2d 99 (1994), a suit in which certain parties, including the National Organization for WomenNational Organization for Women
The National Organization for Women is the largest feminist organization in the United States. It was founded in 1966 and has a membership of 500,000 contributing members. The organization consists of 550 chapters in all 50 U.S...
, sought damages and an injunction against pro-life activists who physically block access to abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
clinics. The Court held that a RICO enterprise does not need an economic motive, and that the Pro-Life Action Network could therefore qualify as a RICO enterprise. The Court remanded for consideration of whether PLAN committed the requisite acts in a pattern of racketeering activity.
Winter Hill Gang
James J. BulgerJames J. Bulger
James Joseph "Whitey" Bulger, Jr. is a former organized crime figure from Boston, Massachusetts.Local folklore depicted Bulger as a Robin Hood-style social bandit dedicated to protecting the neighborhood and its residents. Bulger allegedly masterminded a protection racket targeting drug kingpins...
known as "Whitey" Bulger — is the alleged leader of the Winter Hill Gang
Winter Hill Gang
The Winter Hill Gang is a structured confederation of Boston, Massachusetts-area organized crime figures, predominantly Irish-American with a small Italian-American faction. It derives its name from the Winter Hill neighborhood of Somerville, Massachusetts north of Boston. Its members have...
, an Irish-American
Irish American
Irish Americans are citizens of the United States who can trace their ancestry to Ireland. A total of 36,278,332 Americans—estimated at 11.9% of the total population—reported Irish ancestry in the 2008 American Community Survey conducted by the U.S. Census Bureau...
crime family
Crime family
A crime family is a term used to describe a unit of an organized crime syndicate, often operating within a specific geographic territory. The term is used almost exclusively to refer to units of the Mafia, both in Sicily and in the United States, although it is occasionally used to refer to other...
based in Boston, Massachusetts. He is the older brother of William Michael Bulger, a former President of the Massachusetts State Senate and the University of Massachusetts
University of Massachusetts
This article relates to the statewide university system. For the flagship campus often referred to as "UMass", see University of Massachusetts Amherst...
.
On August 19, 1999, Bulger became the 458th person added to the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
(FBI) Ten Most Wanted Fugitives
FBI Ten Most Wanted Fugitives, 1990s
The FBI's Ten Most Wanted Fugitives during the 1990s is a list, maintained for a fifth decade, of the Ten Most Wanted Fugitives of the United States Federal Bureau of Investigation.-FBI 10 Most Wanted Fugitives to begin the 1990s:...
list. He is under arrest and awaiting trial for racketeering under RICO
RICO
-Music:*Rico , a 2000 album by Matt Bianco*"Rico" , a 1998 song the Matthew Good Band from the album Underdogs*Rico International, a manufacturer of reeds, mouthpieces, and woodwind accessories...
, murder, conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to commit murder, extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
, conspiracy to commit extortion, money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
, conspiracy to commit money laundering and narcotics distribution. In October 2007, Interpol
Interpol
Interpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...
released a "red notice"
Red notice
An Interpol notice or international notice is issued by Interpol to share information between its members. There are seven types, six of which are known by their colour codes: Red, Blue, Green, Yellow, Black, Orange....
for Bulger. John Connolly
John Connolly (FBI)
John J. Connolly, Jr. is a former FBI agent, who was convicted of racketeering and obstruction of justice convictions stemming from his relationship with James J. "Whitey" Bulger, Steve Flemmi, and the Winter Hill Gang...
is a former FBI
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
agent, currently incarcerated in a federal penitentiary for racketeering and obstruction of justice convictions stemming from his relationship with James J. "Whitey" Bulger
James J. Bulger
James Joseph "Whitey" Bulger, Jr. is a former organized crime figure from Boston, Massachusetts.Local folklore depicted Bulger as a Robin Hood-style social bandit dedicated to protecting the neighborhood and its residents. Bulger allegedly masterminded a protection racket targeting drug kingpins...
, Steve Flemmi
Stephen Flemmi
Stephen Joseph "The Rifleman" Flemmi is an Italian-American mobster and close associate of Winter Hill Gang boss James J. Bulger. Beginning in 1965, Flemmi was a top echelon informant for the Federal Bureau of Investigation...
, and the Winter Hill Gang
Winter Hill Gang
The Winter Hill Gang is a structured confederation of Boston, Massachusetts-area organized crime figures, predominantly Irish-American with a small Italian-American faction. It derives its name from the Winter Hill neighborhood of Somerville, Massachusetts north of Boston. Its members have...
. He is the brother-in-law
Brother-in-law
A brother-in-law is the brother of one's spouse, the husband of one's sibling, or the husband of one's spouse's sibling.-See also:*Affinity *Sister-in-law*Brothers in Law , a 1955 British comedy novel...
of Arthur Gianelli who is married to Mary Ann Moore, the sister of Connolly's wife Elizabeth. State police and other federal officers had been trying to imprison Whitey Bulger for years, but somehow Bulger always avoided getting caught. As the FBI handler for Bulger and Flemmi, Connolly (who had grown up in the Old Harbor Housing Project with Bulger) had been protecting them from prosecution by feeding him information about possible attempts to catch them. Connolly was indicted on December 22, 1999 on charges of alerting Bulger and Flemmi to investigations, falsifying FBI reports to cover their crimes, and accepting bribes. In 2000, he was charged with additional racketeering related offenses. He was convicted on the racketeering charges in 2002 and sentenced to 10 years in prison. On November 6, 2008, a jury convicted Connolly of second-degree murder. According to the prosecutors, Connolly faced a possible sentence of 30 years to life in prison. Connolly was due to be sentenced on December 4, 2008 but sentencing was postponed until January while the judge in the case, Circuit Judge Stanford Blake, considered a motion by the defense to dismiss the case. The defense argued that in Florida, the statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
had expired for second-degree murder when Connolly was convicted. On January 15, 2009, Blake sentenced Connolly to 40 years in prison, saying that Connolly "crossed over to the dark side." The judge agreed with the defense's argument involving the statute of limitations, but noted that their motion was past the deadline for such motions. He accepted prosecutors' argument that Connolly abused his badge and deserved more than the 30-year minimum. The sentence will run consecutively with his 10-year sentence for racketeering, meaning that Connolly will spend the rest of his life in prison. On June 22, 2011, James Whitey Bulger was arrested at the apartment he had lived in for fifteen years in Santa Monica, California
Santa Monica, California
Santa Monica is a beachfront city in western Los Angeles County, California, US. Situated on Santa Monica Bay, it is surrounded on three sides by the city of Los Angeles — Pacific Palisades on the northwest, Brentwood on the north, West Los Angeles on the northeast, Mar Vista on the east, and...
, along with his girlfriend Catherine Greig. He was 81 years old at the time of his arrest, and supposedly in poor health.
Mohawk Industries
On April 26, 2006, the Supreme CourtSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
heard Mohawk Industries, Inc. v. Williams, which concerned what sort of corporations fell under the scope of RICO. Mohawk Industries had allegedly hired illegal aliens
Illegal Aliens
Illegal Aliens is a 2007 film starring Anna Nicole Smith and Joanie Laurer. This comedy/science-fiction film is made in the mold of classic 1980s B-movies. Hitting stores on May 1, 2007, the release of the movie was pushed back following the death of Smith in February 2007 and it is her final film...
, in violation of RICO. The court was asked to decide whether Mohawk Industries, along with recruiting agencies, constitutes an 'enterprise' that can be prosecuted under RICO, but in June of that year dismissed the case and remanded it to Court of Appeals.
Latin Kings
On August 20, 2006, in Tampa, FloridaTampa, Florida
Tampa is a city in the U.S. state of Florida. It serves as the county seat for Hillsborough County. Tampa is located on the west coast of Florida. The population of Tampa in 2010 was 335,709....
, most of the state leadership members of the street gang, the Latin Kings, were arrested in connection with RICO conspiracy charges to engage in racketeering and currently await trial. The operation, called "Down Crown", targeted statewide leadership of the Latin Kings. The raid occurred at the Caribbean American Club. Along with Hillsborough County Sheriff’s Office
Hillsborough County, Florida Sheriff's Office
Hillsborough County Sheriff's Office is the primary law enforcement agency for Hillsborough County, Florida, USA and is responsible for law enforcement services for the of unincorporated areas of the county as well as operation of the two jail facilities, a work release center, and provides...
, Tampa Police Department
Tampa Police Department
The Tampa Police Department provides crime prevention and public safety services for the city of Tampa, Florida. The Tampa Police Department has over 1000 authorized sworn law enforcement personnel positions and more than 350 civilian and support staff personnel positions.Uniformed officers are...
, the State Attorney’s Office, the FBI, Immigration and Customs Enforcement, and the federal Bureau of Alcohol, Tobacco and Firearms were involved in the operation. Included in the arrest were leader Gilberto Santana from Brooklyn NY, Captain Luis Hernandez from Miami FL, Affiliate Celina Hernandez, Affiliate Michael Rocca, Affiliate Jessica Ramirez, Affiliate Reinaldo Arroyo, Affiliate Samual Alvarado, Omari Tolbert, Edwin DeLeon, and many others, totaling 39.
Gambino crime family
Also, in Tampa, on October 16, 2006, four members of the Gambino crime familyGambino crime family
The Gambino crime family is one of the "Five Families" that dominates organized crime activities in New York City, United States, within the nationwide criminal phenomenon known as the Mafia . The group is named after Carlo Gambino, boss of the family at the time of the McClellan hearings in 1963...
(Capo
Caporegime
A caporegime or capodecina, usually shortened to just a capo, is a term used in the Mafia for a high ranking made member of a crime family who heads a "crew" of soldiers and has major social status and influence in the organization...
Ronald Trucchio
Ronnie Trucchio
Ronald Joseph Trucchio also known as "One Armed Ronnie", is a New York mobster with the Gambino crime family who ran the The Ozone Park Boys crew during the 1990s.-Biography:...
, Terry Scaglione, Steven Catallono and associate Kevin McMahon) were tried under RICO statutes, found guilty and sentenced to life in prison.
Chicago Outfit
In 2005, the U.S. Department of Justice's Operation Family SecretsOperation Family Secrets
Operation Family Secrets was an FBI investigation of mob related crimes in Chicago. According to the FBI it was one of the most successful investigations of organized crime done by the FBI ever. The investigation and trial was accurately dubbed "Family Secrets" because of the betrayal within the...
indicted 15 Outfit
Chicago Outfit
The Chicago Outfit, also known as the Chicago Syndicate or Chicago Mob and sometimes shortened to simply the Outfit, is a crime syndicate based in Chicago, Illinois, USA...
members and associates under RICO predicates. As of 2009 Joseph Lombardo
Joseph Lombardo
Joseph Patrick “Joey the Clown” Lombardo Sr. , also known as "Joe Padula," "Lumbo," and "Lumpy", is an imprisoned American mafioso and a high-ranking member of the Chicago Outfit crime organization...
and James Marcello
James Marcello
James J. “Little Jimmy, Jimmy Light” Marcello , also known as Jimmy "the Man" Marcello, is an imprisoned crime boss who was a front boss for the Chicago Outfit criminal organization in the 1980s, 1990s and early 2000s...
have been sentenced to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
.
Anthony Pellicano
Anthony PellicanoAnthony Pellicano
Anthony Pellicano is a former high-profile Los Angeles private investigator who recently served a sentence of three and a half years in federal prison for illegal possession of explosives, firearms and homemade grenades, and who was arrested on February 4, 2006, on unlawful wiretapping and...
(born March 22, 1944, in Chicago, Illinois) is a former high-profile Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
private investigator
Private investigator
A private investigator , private detective or inquiry agent, is a person who can be hired by individuals or groups to undertake investigatory law services. Private detectives/investigators often work for attorneys in civil cases. Many work for insurance companies to investigate suspicious claims...
who recently served a sentence of three and a half years in federal prison
Federal prison
Federal prisons are run by national governments in countries where subdivisions of the country also operate prisons.In the United States federal prisons are operated by the Federal Bureau of Prisons. In Canada the Correctional Service of Canada operates federal prisons. Prison sentences in these...
for illegal possession of explosives, firearms and homemade grenades, and who was arrested on February 4, 2006, on unlawful wiretapping and racketeering charges. On February 6, 2006, Pellicano was indicted on 110 counts in United States District Court for the Central District of California
United States District Court for the Central District of California
The United States District Court for the Central District of California serves over 18 million people in southern and central California, making it the largest federal judicial district by population...
in Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
alleging crimes of racketeering and conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
, wiretapping, witness tampering
Witness tampering
Witness tampering is harming or otherwise threatening a witness, hoping to influence his or her testimony.-Witness tampering in the USA:In the United States, the crime of witness tampering in federal cases is defined by statute at , "Tampering with a witness, victim, or an informant"...
, identity theft
Identity theft
Identity theft is a form of stealing another person's identity in which someone pretends to be someone else by assuming that person's identity, typically in order to access resources or obtain credit and other benefits in that person's name...
and destruction of evidence. On May 15, 2008, after acting as his own lawyer and suffering a nine day jury deliberation, Pellicano was found guilty on 76 of 77 counts related to racketeering, along with four co-defendants. However, a parade of wealthy witnesses admittedly listened to wiretaps at one time or another. They included Alec Gores
Alec Gores
Alec E. Gores is an American businessman who made his fortune through leveraged buyouts of technology firms. His personal wealth was estimated at roughly $1.5 billion by Forbes magazine in 2008.-Early life and education:...
, a corporate buyout specialist; Freddy DeMann
Freddy DeMann
Frederick "Freddy" DeMann is a film producer, music executive, and co-founder of Maverick Records. During his music career, he managed two of the century's biggest stars: Michael Jackson and Madonna. During DeMann's tenure, two of...
, a music executive who was once Madonna
Madonna (entertainer)
Madonna is an American singer-songwriter, actress and entrepreneur. Born in Bay City, Michigan, she moved to New York City in 1977 to pursue a career in modern dance. After performing in the music groups Breakfast Club and Emmy, she released her debut album in 1983...
’s manager; and Adam D. Sender, a hedge fund manager and onetime movie investor. Although some may have known about and paid for Pellicano's services, none received criminal charges. Summing up, the prosecuting attorney stated that he chose to attack the supply rather than the demand, the way that vice investigators attack pimp
Pimp
A pimp is an agent for prostitutes who collects part of their earnings. The pimp may receive this money in return for advertising services, physical protection, or for providing a location where she may engage clients...
s and prostitutes rather than johns, because “that’s how you make a dent in it.” The johns in this case were the likes of Bert Fields, Brad Grey
Brad Grey
Brad Alan Grey is the Chairman and CEO of Paramount Pictures, a position he has held since 2005. Under Grey’s leadership, Paramount has finished No.2 in market share in 2008, 2009 and 2010 despite releasing significantly fewer films than its competitors.Since arriving at Paramount in 2005,...
, Ron Meyer
Ronald Meyer
Ron Meyer is an American entertainment executive and former talent agent.-Early life:Ron Meyer was born to a Jewish family whose love of film influenced him at an early age. At fifteen Ron dropped out of high school, and at the age of seventeen he joined the United States Marine Corps, which he...
, Michael Ovitz
Michael Ovitz
Michael S. Ovitz is an American talent agent who co-founded Creative Artists Agency in 1975 and served as its chairman until 1995. Ovitz later served as President of the Walt Disney Company from October 1995 to January 1997....
and Chris Rock
Chris Rock
Christopher Julius "Chris" Rock III is an American comedian, actor, screenwriter, television producer, film producer and director. He was voted in the US as the 5th greatest stand-up comedian of all time by Comedy Central...
, all of whom paid Pellicano for services rendered. “If the government has no plans to go higher than Pellicano, this is a depressingly pedestrian effort that shows a lack of ambition,” commented John C. Coffee, a professor at Columbia Law School and an expert on white-collar crime
White-collar crime
Within the field of criminology, white-collar crime has been defined by Edwin Sutherland as "a crime committed by a person of respectability and high social status in the course of his occupation" . Sutherland was a proponent of Symbolic Interactionism, and believed that criminal behavior was...
, as quoted in the NY Times story on the verdict.
Michael Conahan and Mark Ciavarella
A federal grand jury in the Middle District of Pennsylvania handed down a 48-count indictment against former Luzerne County Court of Common Pleas Judges Michael ConahanMichael Conahan
Michael Conahan is a former judge from Luzerne County, Pennsylvaniawho committed the "Kids for cash" scandal in2008 with fellow judge Mark Ciavarella.Conahan, as president judge, used his budgetary discretion to stop funding the...
and Mark Ciavarella
Mark Ciavarella
Mark Arthur Ciavarella Jr. is a convicted felon and former President Judge of the Luzerne County Court of Common Pleas in Wilkes-Barre, Pennsylvania who committed, along with fellow judge Michael Conahan, the "Kids for cash" scandal in 2008.In August 2011, Ciavarella was sentenced to 28 years in...
. The judges were charged with RICO after allegedly committing acts of Wire fraud
Wire fraud
Mail and wire fraud is a federal crime in the United States. Together, 18 U.S.C. §§ 1341, 1343, and 1346 reach any fraudulent scheme or artifice to intentionally deprive another of property or honest services with a nexus to mail or wire communication....
, Mail Fraud, Tax Evasion
Tax evasion
Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...
, Money Laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
, and honest services fraud
Honest services fraud
Honest services fraud refers to a 28-word sentence of , added by the United States Congress in 1988, which states: "For the purposes of this chapter, the term, scheme or artifice to defraud includes a scheme or artifice to deprive another of the intangible right of honest services."The statute...
. The judges were accused of taking kickback
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
s for housing juveniles, that the judges convicted for mostly petty crimes, at a private detention center. The incident was dubbed by many local and national newspapers as the "Kids for cash scandal
Kids for cash scandal
The "Kids for cash" scandal unfolded in 2008 over judicial kickbacks at the Luzerne County Court of Common Pleas in Wilkes-Barre, Pennsylvania. Two judges, President Judge Mark Ciavarella and Senior Judge Michael Conahan, were accused of accepting money from the co-owner and builder of two private,...
". On February 18, 2011, a federal jury found Michael Ciavarella guilty of racketeering because of his involvement in accepting illegal payments from Robert Mericle, the developer of PA Child Care, and Attorney Robert Powell, a co-owner of the facility. Ciavarella is facing 38 other counts in federal court.
Semion Mogilevich
Semion MogilevichSemion Mogilevich
Semion Yudkovich Mogilevich is a Ukrainian-born organized crime boss, believed by European and United States federal law enforcement agencies to be the "boss of bosses" of most Russian Mafia syndicates in the world...
' onMouseout='HidePop("78837")' href="/topics/Organized_crime">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...
boss and global con artist believed by European and United States federal law enforcement agencies to be the "boss of bosses
Capo di tutti capi
Capo di tutti capi or capo dei capi is Italian for "boss of all bosses" or "boss of bosses". It is a phrase used mainly by the media, public and the law enforcement community to indicate a supremely powerful crime boss in the Sicilian or American Mafia who holds great influence over the whole...
" of most Russian Mafia
Russian Mafia
The Russian Mafia is a name applied to organized crime syndicates in Russia and Ukraine. The mafia in various countries take the name of the country, as for example the Ukrainian mafia....
syndicates in the world. Mogilevich's nicknames include "Don Semyon", and "The Brainy Don" (because of his business acumen and college education). He is believed to control a vast criminal empire, and has been called "the most dangerous mobster in the world". In 2003, the United States Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
put Mogilevich on the "Wanted List" for participation in the scheme to defraud investors in Canadian company YBM Magnex International Inc. Frustrated by their previous unsuccessful efforts to charge him for arms trafficking, contract killing
Contract killing
Contract killing is a form of murder, in which one party hires another party to kill a target individual or group of people. It involves an illegal agreement between two parties in which one party agrees to kill the target in exchange for consideration, monetary, or otherwise. The hiring party may...
, drug trafficking, extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
, and prostitution
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
they had now settled on the large-scale fraud charges as their best hope of running him to ground. He was, however, considered to be the most powerful Russian mobster alive. In a 2006 interview, former Clinton administration anti-organized-crime czar Jon Winer said, "I can tell you that Semion Mogilevich is as serious an organized criminal as I have ever encountered and I am confident that he is responsible for contract killing
Contract killing
Contract killing is a form of murder, in which one party hires another party to kill a target individual or group of people. It involves an illegal agreement between two parties in which one party agrees to kill the target in exchange for consideration, monetary, or otherwise. The hiring party may...
s." On October 22, 2009 he was named by the FBI as the 494th fugitive to be placed
FBI Ten Most Wanted Fugitives, 2000s
-FBI Headlines in the 2000s:The 2000s started out badly for the FBI's much needed attempts to upgrade technology. First, the Trilogy project went far over the $380 million budget, and behind its three-year schedule. Then, Virtual Case File, or VCF, planned for completion in 2003, was officially...
on the FBI Ten Most Wanted list. A Ukrainian businessman charged with more than 40 counts of racketeering, wire fraud
Wire fraud
Mail and wire fraud is a federal crime in the United States. Together, 18 U.S.C. §§ 1341, 1343, and 1346 reach any fraudulent scheme or artifice to intentionally deprive another of property or honest services with a nexus to mail or wire communication....
, mail fraud, money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
, and other economic crimes carried out in dozens of countries around the world is the newest addition to our Ten Most Wanted Fugitives list. Semion Mogilevich is wanted for his alleged participation in a multi-million dollar scheme to defraud investors in the stock of YBM Magnex International, a company he controlled—which had its world headquarters just outside Philadelphia—that was supposed to manufacture magnets but instead bilked investors out of $150 million.
Scott W. Rothstein
Scott W. RothsteinScott W. Rothstein
Scott W. Rothstein is a disbarred lawyer and the former managing shareholder, chairman, and chief executive officer of the now-defunct Rothstein Rosenfeldt Adler law firm. He was accused of funding his philanthropy, political contributions, law firm salaries, and an extravagant lifestyle with a...
is a disbarred lawyer and the former managing shareholder, chairman, and chief executive officer
Chief executive officer
A chief executive officer , managing director , Executive Director for non-profit organizations, or chief executive is the highest-ranking corporate officer or administrator in charge of total management of an organization...
of the now-defunct Rothstein Rosenfeldt Adler law firm. He is accused of funding his philanthropy, political contributions, law firm salaries, and an extravagant lifestyle with a massive 1.2 billion dollar Ponzi scheme
Ponzi scheme
A Ponzi scheme is a fraudulent investment operation that pays returns to its investors from their own money or the money paid by subsequent investors, rather than from any actual profit earned by the individual or organization running the operation...
. On December 1, 2009. Rothstein turned himself in to federal authorities and was subsequently arrested on charges related to the Racketeer Influenced and Corrupt Organizations Act (RICO). Although his arraignment plea was not guilty, Rothstein cooperated with the government and reversed his plea to guilty of five federal crimes on January 27, 2010. Bond was denied by U.S. Magistrate Judge Robin Rosenbaum, who ruled that due to his ability to forge documents, he was considered a flight risk. On June 9, 2010, Rothstein received a 50-year prison sentence after a hearing in federal court in Fort Lauderdale.
AccessHealthSource
On August 31, 2010, eleven defendants were indicted on RICO charges for allegedly assisting AccessHealthSource, a local health care provider, in obtaining and maintaining lucrative contracts with local and state government entities in the city of El Paso, Texas, “through bribery of and kickbacks to elected officials or himself and others, extortion under color of authority, fraudulent schemes and artifices, false pretenses, promises and representations and deprivation of the right of citizens to the honest services of their elected local officials” (see indictment).Mara Salvatrucha
In the early 2000s, US authorities investigated MS-13 in Charlotte, North CarolinaCharlotte, North Carolina
Charlotte is the largest city in the U.S. state of North Carolina and the seat of Mecklenburg County. In 2010, Charlotte's population according to the US Census Bureau was 731,424, making it the 17th largest city in the United States based on population. The Charlotte metropolitan area had a 2009...
. Eventually the work led to charges against 26 MS-13 members, including 7 trial convictions in January 2010, 18 guilty pleas, and 11 multi-year prison sentences.
This also included the alleged first federal death-penalty conviction for an MS-13 member, Alejandro Enrique Ramirez Umana, aka "Wizard" (age 25).
In 2005, in Los Angeles, according to a Jury in a later sentencing phase, Umana murdered Jose Herrera and Gustavo Porras (July 27) and participated and aided and abetted the killing of Andy Abarca (September 28). He later came to Charlotte, North Carolina, according to witnesses, as a veteran member of MS-13, in order to reorganize the Charlotte cell of the gang
Clandestine cell system
A clandestine cell structure is a method for organizing a group of people in such a way that it can more effectively resist penetration by an opposing organization. Depending on the group's philosophy, its operational area, the communications technologies available, and the nature of the mission,...
.
According to witnesses at his later trial, on December 8, 2007, while in the Las Jarochitas, a family-run restaurant in Greensboro, North Carolina
Greensboro, North Carolina
Greensboro is a city in the U.S. state of North Carolina. It is the third-largest city by population in North Carolina and the largest city in Guilford County and the surrounding Piedmont Triad metropolitan region. According to the 2010 U.S...
, Umana shot Ruben Garcia Salinas fatally in the chest and Manuel Garcia Salinas in the head. Witnesses testified that the shootings took place after the Garcia Salinas brothers had “disrespected” Umana’s gang signs by calling them “fake.” Firing three more shots in the restaurant, according to trial testimony, Umana injured another individual with his gunfire. Trial testimony and evidence showed that Umana later fled back to Charlotte with MS-13 assistance. Umana was arrested five days later in possession of the murder weapon. Additional evidence and testimony from the trial revealed that while Umana was incarcerated while awaiting trial, he coordinated attempts to kill witnesses and informants.
Umana was indicted by a federal grand jury on June 23, 2008. During trial, Umana attempted to bring a knife with him to the courtroom, which was discovered by U.S. Marshals prior to Umana being transported to the courthouse. Thousands of hours were spent on the case over several years. International work was also involved.
The case was investigated by the Charlotte Safe Streets Task Force. The case was prosecuted by Chief Criminal Assistant U.S. Attorney Jill Westmoreland Rose of the U.S. Attorney’s Office
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for the Western District of North Carolina, and Trial Attorney Sam Nazzaro from the Criminal Division’s Gang Unit. Assistant U.S. Attorneys Don Gast and Adam Morris of the U.S. Attorney’s Office
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for the Western District of North Carolina were also members of the government’s trial team.
Charges included:
- MurderMurderMurder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
in aid of the racketeering enterprise known as MS-13, two counts - Murder resulting from the use of a gun in a violent crime, two counts
- ConspiracyConspiracy (crime)In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to participate in racketeering - Witness tamperingWitness tamperingWitness tampering is harming or otherwise threatening a witness, hoping to influence his or her testimony.-Witness tampering in the USA:In the United States, the crime of witness tampering in federal cases is defined by statute at , "Tampering with a witness, victim, or an informant"...
or intimidationIntimidationIntimidation is intentional behavior "which would cause a person of ordinary sensibilities" fear of injury or harm. It's not necessary to prove that the behavior was so violent as to cause terror or that the victim was actually frightened.Criminal threatening is the crime of intentionally or...
, two counts - Possession of a firearmWeapon possession (crime)Weapon possession refers to a class of crime regarding the unlawful possession of a weapon by a citizen within an established society.Many societies both past and present have placed restrictions on what forms of weaponry private citizens are allowed to purchase, own, and carry in public...
by an illegal alienAlien (law)In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country... - ExtortionExtortionExtortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
The jury convicted him on April 19, 2010 of all charges, and additionally found him responsible for the 2005 murders during the sentencing phase. On April 28, a 12-person federal jury in Charlotte voted unanimously to impose the death penalty. On July 27, 2010, Chief U.S. District Judge
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
Robert J. Conrad, Jr., of Charlotte, NC, formally imposed the federal death penalty sentence. Also commenting on the decision in the government press release were Assistant Attorney General Lanny A. Breuer, of the Criminal Division, U.S. Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
Anne M. Tompkins of the Western District of North Carolina, Owen D Harris, Special Agent
Special agent
Special agent is usually the title for a detective or investigator for a state, county, municipal, federal or tribal government. An agent is a worker for any federal agency, and a secret agent is one who works for an intelligence agency....
in charge of the Charlotte Division of the FBI, and Rodney Monreo, Charlotte-Mecklenburg Police Chief.
The case was automatically appealed under Federal Rules of Criminal Procedure
Federal Rules of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts, the general trial courts of the U.S. government. As such, they are the companion to the Federal Rules of Civil Procedure...
.
International equivalents to RICO
The US RICO legislation has other equivalents in the rest of the world. In spite of InterpolInterpol
Interpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...
having a standardized definition of RICO-like crimes, the interpretation and national implementation in legislation (and enforcement) widely varies. Most nations do cooperate with the US on RICO enforcement only where their own related laws are specifically broken, but this is in line with the Interpol protocols for such matters.
By nation, alphabetically
- In Australia the Australian Crime CommissionAustralian Crime CommissionThe Australian Crime Commission is an Australian Government national criminal intelligence and investigation agency. It was formulated under the Australian Crime Commission Act which came into effect on 1 January 2003, establishing the ACC as a national statutory authority to combat serious and...
has powers based on similar legislation and regulations. New Zealand has a similar arrangement and commission. - In Canada the Royal Canadian Mounted PoliceRoyal Canadian Mounted PoliceThe Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
and the Office of the Superintendent of Financial InstitutionsOffice of the Superintendent of Financial InstitutionsThe Office of the Superintendent of Financial Institutions is an independent agency of the Government of Canada reporting to the Minister of Finance created "to contribute to public confidence in the Canadian financial system"...
enforce rules and regulations that cumulatively are equivalent to RICO.
Without other nations enforcing similar legislation to RICO many cross border RICO cases would not be possible. In the overall body of RICO cases that went to trial, at least 50% have had some non-US enforcement component to them. The offshoring of money away from the US finance system as part racketeering (and especially money laundering) is typically a major contributing factor to this.
However, other countries have laws that enable the government to seize property with unlawful origins. Mexico and Colombia both have specific laws that define the participation in criminal organizations as a separate crime (see Ley Federal contra la Delincuencia Organizada), and separate laws that allow the seizure of goods related with these crimes. (see Ley de Extinción de Dominio). This latter provides a specific chapter titled "International Cooperation", which instructs Mexican authorities to cooperate with foreign authorities with respect to organized crime assets within Mexico, and provides the framework by which Mexican authorities may politely request the cooperation of foreign authorities with respect to assets located outside of Mexico, in terms of any international instruments they may be party to.
Arguably, this may be construed as allowing the application of the RICO Act in Mexico, provided the relevant international agreements exist among Mexico and countries with RICO or RICO-equivalent provisions.
See also
- Continuing Criminal EnterpriseContinuing Criminal EnterpriseThe Continuing Criminal Enterprise Statute is a United States federal law that targets large-scale drug traffickers who are responsible for long-term and elaborate drug conspiracies...
- Donnie Brasco
- Patriot Act
Further Reading
- Criminal RICO: 18 U.S.C. 1961-1968: A Manual for Federal Prosecutors. Washington, D.C.: U.S. Dept. of Justice, Criminal Division, Organized Crime and Racketeering Section, [2009].
- United States. Congress. House. Committee on the Judiciary. Subcommittee No. 5. Organized Crime Control. Hearings ... Ninety-first Congress, Second Session on S.30, and Related Proposals, Relating to the Control of Organized Crime in the U.S. [held] May 20, 21, 27; June 10, 11, 17; July 23, and Aug. 5, 1970. Washington, D.C.: U.S. Government Printing Office, 1970.