Guest guest Posted July 7, 2008 Report Share Posted July 7, 2008 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. **************Gas prices getting you down? Search AOL Autos for fuel-efficient used cars. (http://autos.aol.com/used?ncid=aolaut00050000000007) Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 8, 2008 Report Share Posted July 8, 2008 Isn't there enough evidence to prove this? Quote Link to comment Share on other sites More sharing options...
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