Re: Re: Pandemic! CEO's denial of Self-Induced Psychologica...

[Guest guest]

In a message dated 7/7/2008 8:21:48 P.M. Pacific Daylight Time,

kmtown2003@... writes:

Mmmmmm, how would that read??

Criminal negligence against society??

What about homicide?? corruption??

Anythoughts?

It's called racketeering. RICO.

Racketeering is the act of operating an illegal business or scheme in order

to make a profit, perpetrated by a structured group. It is a broad category

of criminal acts that includes _bribery_

(http://www.wisegeek.com/what-is-bribery.htm) , sexual exploitation of children,

and illegal gambling, among many

others. Racketeering is closely associated with organized crime, since both

are conducted by groups.

Racketeering encompasses many criminal acts. It includes theft and _fraud_

(http://www.wisegeek.com/what-is-fraud.htm) against businesses or individuals.

Governments can be victimized by racketeering; examples include

_counterfeiting_ (http://www.wisegeek.com/what-is-counterfeiting.htm) money and

trading

in untaxed alcohol. Racketeering can also take the form of providing illegal

services, such as prostitution or drug trafficking. Racketeering also takes

place among legitimate businesses or labor unions, where it is sometimes

referred to as white-collar crime. Examples include extortion and _money

laundering_ (http://www.wisegeek.com/what-is-money-laundering.htm) .

The criminal organizations who engage in racketeering often have legitimate

businesses, for instance licensed gaming establishments or a labor-based

business such as _garbage_

(http://www.wisegeek.com/how-much-garbage-does-a-person-create-in-one-year.htm)

collection, in order to provide cover for their

rackets. In addition, racketeering is often aided by the bribing, blackmailing,

or extortion of public officials or civil servants. Legitimate business owners

can be similarly manipulated in order to help criminal groups and their

racketeering practices to appear lawful.

While all forms of racketeering are targeted by law enforcement agencies, of

particular concern to the United States government is labor racketeering.

The Federal Bureau of Investigation (FBI) defines labor racketeering as the

manipulation of a labor force, which affects all industries and businesses

related to that labor group. Beginning in the 1950s, the FBI has investigated

criminal organizations, especially La Cosa Nostra or the Mafia, with labor

union

ties and learned that many of their operatives pose as or are in _collusion_

(http://www.wisegeek.com/what-is-collusion.htm) with union members while

engaging in labor racketeering. These racketeers extort union officials or

_bribe_ (http://www.wisegeek.com/what-is-a-bribe.htm) them with offers of

favorable

contracts or settled disputes, or otherwise coerce them to accept certain

terms or demands. The ultimate goal of most labor racketeering is the control

of health, welfare, and pension plans of union members, the total assets of

which amount to several billion dollars.

Labor racketeering not only denies laborers their rights, but also results

in economic loss to workers, the industry, and consumers. The FBI has

determined that labor racketeering leads to increased labor costs, which are

passed

on to consumers and cost the American public millions of dollars annually. To

target entire corrupt entities instead of replaceable individuals,

racketeering is federally prosecuted under the Racketeer Influenced and Corrupt

Organizations (RICO) statute. Through the use of this statute, the government

hopes

to eliminate the corruption caused by racketeering.

[_edit_

(http://en.wikipedia.org/w/index.php?title=Racketeer_Influenced_and_Corrupt_Orga\

nizations_Act & action=edit & section=1) ] Summary

Under RICO, a person or group who commits any two of 35 crimes—27 federal

crimes and 8 state crimes—within a 10-year period and, in the opinion of the

_United States Attorney_ (http://en.wikipedia.org/wiki/United_States_Attorney)

bringing the case, has committed those crimes with similar purpose or results

can be charged with _racketeering_

(http://en.wikipedia.org/wiki/Racketeering) . Those found guilty of

racketeering can be fined up to $25,000 and/or

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. "

When the U.S. Attorney decides to indict someone under RICO, he has the

option of seeking a pre-trial _restraining order_

(http://en.wikipedia.org/wiki/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._[2]_

(http://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act\

#cite_note-Time-1)

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 a " criminal 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. A civil RICO action, like many lawsuits based

on federal law, can be filed in state or federal court. _[1]_

(http://www.dealer-magazine.com/index.asp?article=481)

Both the federal and civil components allow for the recovery of _treble

damages_ (http://en.wikipedia.org/wiki/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_

(http://en.wikipedia.org/wiki/Time_(magazine)) , " 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. " _[2]_

(http://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Ac

t#cite_note-Time-1)

[_edit_

(http://en.wikipedia.org/w/index.php?title=Racketeer_Influenced_and_Corrupt_Orga\

nizations_Act & action=edit & section=3) ] Where RICO laws might be

applied

Although some of the RICO predicate acts are _extortion_

(http://en.wikipedia.org/wiki/Extortion) and _blackmail_

(http://en.wikipedia.org/wiki/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 law enforcement or intelligence agencies.

The RICO laws can be alleged in cases where civil lawsuits or criminal

charges are brought against individuals or corporations in retaliation for said

individuals or corporations working with law enforcement, or against individuals

or corporations who have sued or filed criminal charges against a defendant.

Anti-SLAPP (_strategic lawsuit against public participation_

(http://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation) )

laws can be

applied in an attempt to curb alleged _abuses of the legal system_

(http://en.wikipedia.org/wiki/Barratry) by individuals or corporations who

utilize the

courts as a weapon to retaliate against _whistle blowers_

(http://en.wikipedia.org/wiki/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.

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[Guest guest]

Isn't there enough evidence to prove this?