WHAT IS A RICO LAWSUIT?
Racketeer Influenced and Corrupt Organizations Act Charges Against Silicon Valley's Technology Mafia
|Long title||An Act relating to the control of organized crime in the United States|
|Nicknames||Organized Crime Control Act of 1980|
|Enacted by||the 91st United States Congress|
|Effective||October 15, 1970|
|Statutes at Large||84 Stat. 922-3 aka 84 Stat. 941|
|Titles amended||18 U.S.C.: Crimes and Criminal Procedure|
|U.S.C. sections created||18 U.S.C. §§ 1961–1968|
The Biggest Corruption Scam Ever: Silicon Valley Dark Funds!
By Carrie Lee
This is a tip-sheet to the FBI, The SEC and the U.S. Congress. Let's see how long it is before they do anything about this:
Keiner Perkins, Draper Fisher, Greylock, and a host of "venture capital" firms in Silicon Valley, partner with Goldman Sachs and Deutsche Bank to rig election "Dark Funds". They use tricky giant law firms: Covington & Burling, Wilson Sonsini, MoFo, Perkins Coie and their brethren, to operate the schemes.
Dark Funds are when a group of fund managers get together with a candidate's management staff (ie: The Podesta's or David Plouffe's of the world) and give that candidate a list of orders.
Those marching orders are calculated to make nearly a trillion dollars of profits for the VC's if their candidate pulls the levers in their crony rat cage, as directed by the Vinod Khosla, John Doerr or Steve Jurvetson-type that is running the scam.
They did this with Harry Reid, Jerry Brown, Kamala Harris, Nancy Pelosi, Dianne Feinstein and other politicians.
It is a criminal endeavor!
Bigger venture funds, pension funds, CALPers, Saudi's, Russian billionaires commit to giving Keiner Perkins, Draper Fisher, Greylock, etc, a guarantee to fund the candidate's campaign via Dark Money. "Dark Money" and "Dark Funds" are two different things.
Dark Money is the way they sneak money around under different kinds of stealth facades. Dark Funds are the venture capital payola schemes that payback the crooked investors.
Dark Funds managers invest in the candidate's crooked nature. They are betting that solar panels or lithium ion batteries will suddenly become a "big thing" because they told their owned candidates to make them a "big thing". Of course Keiner Perkins, Draper Fisher, Greylock, etc had previously monopolized the market for such goods. Keiner Perkins, Draper Fisher, Greylock, etc. sabotage any outsider who competes with the designated goods, along with ordering the candidates they own to blockade those competitors.
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 allows the leaders of a syndicate to be tried for the crimes they ordered others to do or assisted them in doing, closing a perceived loophole that allowed a person who instructed someone else to, for example, murder, to be exempt from the trial because they did not actually commit the crime personally.
RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970 (Pub.L. 91–452, 84 Stat. 922, enacted October 15, 1970) and is codified at 18 U.S.C. ch. 96 as 18 U.S.C. §§ 1961–1968. G. Robert Blakey, an adviser to the United States Senate Government Operations Committee, drafted the law under the close supervision of the committee's chairman, Senator John Little McClellan. It was enacted as Title IX of the Organized Crime Control Act of 1970, and signed into law by Richard M. Nixon. While its original use in the 1970s was to prosecute the Mafia as well as others who were actively engaged in organized crime, its later application has been more widespread.
Beginning in 1972, 33 states adopted state RICO laws to be able to prosecute similar conduct.
How Yale and Stanford created the Palo Alto Mafia: Humiliation, homoeroticism and animal cruelty: inside the frathouse- #PaloAltoMafia
Photographer Andrew Moisey uncovered ritual hazing, extreme drunkenness and toxic masculinity on one college campus – from men destined to be America’s future leaders
Last year in the US, four freshman students died as a direct result of hazing rituals during college fraternity initiation ceremonies. All the deaths occurred during or just after drinking bouts in which the victims consumed vast amounts of spirits in a short space of time while older students egged them on. One of the deceased, Maxwell Gruver, 19, a student at Louisiana State University, was found to have had a blood-alcohol level over .49 g/dl at the time of his death – just .31 is considered life-threatening.
“Nobody can physically drink that much ... You have to be forced to drink it,” his mother told ABC news. “It’s senseless. I mean, how is making your brother do all these things, and humiliating somebody, a brotherhood?”
In his book True Gentlemen: The Broken Pledge of America’s Fraternities, John Hechinger notes that around 100,000 young men choose to be initiated into chapters annually, despite these all-male societies now being associated with what he describes as “the unholy trinity of fraternity life: racism, deadly drinking and misogyny”. Many of the young men they attract will go on to work in politics, finance and law-making, sometimes at the highest level. What’s more, the loyalties formed will be maintained throughout a working life in which the male, white and privileged look out for each other whatever their transgressions. Hechinger cites a fraternity promotional video that promises students a lifelong bond with “the best and brightest men on campus. Men who will become the best men at your wedding, pallbearers at your funeral and everything in between.”
There is a funeral in Andrew Moisey’s timely and provocative photobook, The American Fraternity: An Illustrated Ritual Manual, though it is unrelated to anything that happened on the campus of the unnamed university where the images were documented. It does, though, show young men looking awkwardly ill at ease as they attend the most serious ritual of all. Elsewhere, the same young men seem altogether more relaxed in a closed, all-male campus environment where heavy drinking, boorishness, bullying and misogyny are the norms. A world in which homosexuality is taboo but cross-dressing and semi-naked wrestling are acceptable and parading your penis and testicles is almost de rigueur.
“I wanted to show how the whole brotherhood thing that fraternity houses are built on actually tends to bring out the worst in young men, and the lofty ideals that once informed the organisations have now been replaced by pretty dreadful behaviour,” elaborates Moisey, who studied at Berkeley and now teaches at Cornell. “But I also wanted to get over the fact that, though these guys love to revel in their own debauchery, they don’t think of themselves as bad people.”
Moisey, whose older brother was a member of the frat house in the book, began photographing there in 2008, when George W Bush, “the ultimate frat guy”, was president. “I was angry with Bush and the culture of white privilege that produced him and his values, but no one was that interested in the pictures. But now, suddenly it’s 2018 and the temperature has changed.”
The book offers an uncomfortable glimpse of an enclosed world whose ultra-macho values have been sanctioned by the election of bully-in-chief Donald Trump, and his subsequent endorsement of Supreme Court judge Brett Kavanaugh. Interestingly, of the 18 presidents listed as ex-fraternity members in the book – including Kennedy, Reagan, Clinton and Bush – Trump is conspicuous by his absence. Kavanaugh, though, is included on the corresponding list of Supreme Court judges, even though the book went to the printers before his controversial confirmation. “I took a calculated risk on that one and it paid off,” says Moisey. “Out of a fraternity culture that protects bad seeds, one of the worst seeds gets elected to the Supreme Court.”
The American Fraternity is a beautifully complex undertaking: the photobook as art object, conceptually mirroring an old fraternity handbook complete with pledges, prayers, vows and descriptions of the secretive rituals and rules that bind members for life. Hence images of excess and humiliation are contrasted with the grandly titled, quasi Masonic ceremonies that lend contemporary fraternity houses a historical legitimacy: the Ritual of Initiation, the Libations, the Candle Ceremony, Duties of the Chapter Orders.
There are many disturbing visual echoes, including a grainy photograph of hooded inductees being humiliated that recalls images of prisoners being degraded at Abu Ghraib. Elsewhere, obviously distressed and inebriated young men are cajoled to drink more by older students with predictable results – retching, puking and unconsciousness. Aggression and humiliation are the norms here, the one driving the other.
When young women appear in the photographs, the sense of danger is amplified. Some collude in the laddish behaviour, baring their breasts and appearing unconcerned about being groped and leered at. Others seem more uncertain, slightly spooked, yet they are there of their own volition despite the heightened atmosphere of male entitlement – even threat. One woman is photographed, fully clothed but passed out, legs apart, on a bed. It could be an aftermath photograph, or a warning of what might yet occur. Whichever, the image carries a disturbing charge, all the more so given the recent studies that have found that women in sororities are 74% more likely to be raped than other college women.
“Why are the girls there?” asks writer Cynthia Robinson in her edgy, questioning afterword. “Why did they go, why do they, to these parties where everyone knows what happens?” She then provides, from personal experience, an uncomfortable answer. “Let me tell you why, because I was there too. A sheltered southern girl eager to bust out, I was a frat-house regular by the end of my first semester. I passed out in frat houses too. Lots of girls did ... I was there because I wanted reassurance on a certain score: that I could be a certain thing, be a certain way. The girls in the images that comprise this book are there for the same reasons. They are there in order to reassure themselves, to perform for their peers, that they are desirable. Desired. This they want above all other things: to be desired.”
Moisey’s black and white photographs move from portraiture to reportage to a low-lit style that is close to surveillance photography – some rituals are carried out in candlelight. Throughout, he is a detached observer, showing the unruly ordinariness of all-male campus dorm life – untidy bedrooms, filthy kitchens, graffiti-scrawled doors – alongside the debauchery and excess. The fraternity even has a pet dog, which seems to roam freely through the rooms and, in one awful image, is held by one drunken guy while being punched by another. Everything, it seems, is permitted in pursuit of this almost feral male camaraderie.
“These all-male campus spaces have been around since the 1820s,” elaborates Moisey, “but they changed perceptibly during the so-called culture wars of the 1970s, becoming a safe space for guys who didn’t want to have to worry about having their kind of fun.” Many fraternities, he believes, now view themselves as embattled institutions, maintaining their conservative core values of brotherhood, privilege and machismo against a perceived liberal onslaught. Disturbingly, the code of loyalty to the brotherhood endures even after the other principles of fraternity life have long since fallen away.
“The central issue is that there is an allegiance to everyone inside the fraternity rather than to the higher ideal,” says Moisey. “So even though most of these guys consider themselves highly respectable, their loyalty is such that they will protect the bad guys who hide in their midst. If you are a bad seed and you join a fraternity, you have found your safe haven. And what we are seeing right now is that the support and protection that fraternities provide for the bad seeds extends into the highest echelons of American power and decision-making.”
The last image in the book shows a row of frat guys looking at a spread of Moisey’s photographs. They seem unconcerned, even amused, by what they depict. “I didn’t set out to expose them,” says Moisey, “I just wanted to show what hadn’t been shown before. And when I showed it to them, they were fine. As far as they are concerned, they’re just ordinary American guys doing what ordinary American guys do at college.”
Revealingly, though, when Moisey first exhibited the work in a small show in Berkeley, it was his artist’s statement that drew the most media attention. It read: “This is what our leaders looked like when they were young.”
- 1 Summary
- 2 State laws
- 3 RICO predicate offenses
- 4 Application of RICO laws
- 5 Famous cases
- 5.1 Nine Trey Gangsters
- 5.2 Hells Angels Motorcycle Club
- 5.3 Latin Kings
- 5.4 Catholic sex abuse cases
- 5.5 Gil Dozier
- 5.6 Key West, Florida Police Department
- 5.7 Michael Milken
- 5.8 Major League Baseball
- 5.9 Pro-life activists
- 5.10 Los Angeles Police Department
- 5.11 Mohawk Industries
- 5.12 Gambino crime family
- 5.13 Lucchese Crime Family
- 5.14 Chicago Outfit
- 5.15 Michael Conahan and Mark Ciavarella
- 5.16 Scott W. Rothstein
- 5.17 AccessHealthSource
- 5.18 FIFA
- 5.19 Drummond Company
- 5.20 Connecticut Senator Len Fasano
- 5.21 Art Cohen vs. Donald J. Trump
- 6 International equivalents to RICO
- 7 See also
- 8 References
- 9 Further reading
- 10 External links
Under RICO, a person who has committed "at least two acts of racketeering activity" drawn from a list of 35 crimes—27 federal crimes and 8 state crimes—within a 10-year period can be charged with racketeering if such acts are related in one of four specified ways to an "enterprise". 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."
When the U.S. Attorney decides to indict someone under RICO, they have 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 since it focuses on patterns of behavior as opposed to criminal acts.
RICO also permits a private individual "damaged in his business or property" by a "racketeer" to file a civil suit. 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 (18 U.S.C. § 1962(a)); or the defendant(s) acquired or maintained an interest in, or control of, the enterprise through the pattern of racketeering activity (subsection (b)); or the defendant(s) conducted or participated in the affairs of the enterprise "through" the pattern of racketeering activity (subsection (c)); or the defendant(s) conspired to do one of the above (subsection (d)). In essence, the enterprise is either the 'prize,' 'instrument,' 'victim,' or 'perpetrator' of the racketeers. A civil RICO action can be filed in state or federal court.
Both the criminal and civil components allow 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."
Initially, prosecutors were skeptical of using RICO, mainly because it was unproven. The RICO Act was first used by the US Attorney's Office in the Southern District of New York on September 18, 1979, in the United States v. Scotto. Scotto, who was convicted on charges of racketeering, accepting unlawful labor payments, and income tax evasion, headed the International Longshoreman's Association. During the 1980s and 1990s, federal prosecutors used the law to bring charges against several Mafia figures. The second major success was the Mafia Commission Trial, which resulted in several top leaders of New York City's Five Families getting what amounted to life sentences. By the turn of the century, RICO cases resulted in virtually all of the top leaders of the New York Mafia being sent to prison.
Beginning in 1972, 33 states, as well as Puerto Rico and the US Virgin Islands, adopted state RICO laws to cover additional state offenses under a similar scheme.
RICO predicate offenses
- Any violation of state statutes against gambling, murder, kidnapping, extortion, arson, robbery, bribery, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in the Controlled Substances Act);
- Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and many other offenses covered under the Federal criminal code (Title 18);
- Embezzlement of union funds;
- Bankruptcy fraud or securities fraud;
- Drug trafficking; long-term and elaborate drug networks can also be prosecuted using the Continuing Criminal Enterprise Statute;
- Criminal copyright infringement;
- Money laundering and related offenses;
- Bringing in, aiding or assisting aliens in illegally entering the country (if the action was for financial gain);
- Acts of terrorism.
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 US 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.
Application of RICO laws
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Although some of the RICO predicate acts are extortion and blackmail, one of the most successful applications of the RICO laws has been the ability to indict and 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 use the courts as a weapon to retaliate against whistle blowers or 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 covers a variety of organized criminal behaviors.
The RICO statute contains a provision that allows for the commencement of a civil action by a private party to recover damages sustained as a result of the comission of a RICO predicate offense.
Nine Trey Gangsters
In November 2018, rapper 6ix9ine, birth name Daniel Hernandez, and four members of the Nine Trey Gangsters were charged with racketeering related to operating a criminal enterprise, conspiracy to murder, robbery, extortion and drug distribution.
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 Angels using RICO. In United States vs. 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."
On August 20, 2006, in Tampa, Florida, most of the state leadership members of street gang the Latin Kings were arrested in connection with RICO conspiracy charges to engage in racketeering and currently await trial. The operation, called "Broken 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.
Catholic sex abuse cases
In some jurisdictions, RICO suits have been filed against Catholic dioceses, using anti-racketeering laws to prosecute the highers-up in the episcopacy for abuses committed by those under their authority. E.g. a Cleveland grand jury cleared two bishops of racketeering charges, finding that their mishandling of sex abuse claims did not amount to criminal racketeering. Notably, a similar suit was not filed against Cardinal Bernard Law, then Archbishop/Emeritus of Boston, prior to his assignment to Vatican City. In 2016, RICO charges were considered for cover-ups in Pennsylvania.
Louisiana Commissioner of Agriculture and Forestry Gil Dozier, in office from 1976 to 1980, faced indictment with violations of both the Hobbs and the RICO laws. He was accused of compelling companies doing business with his department to make campaign contributions on his behalf. On September 23, 1980, the Baton Rouge-based United States District Court for the Middle District of Louisiana convicted Dozier of five counts of extortion and racketeering. The sentence of ten years imprisonment, later upgraded to eighteen when other offenses were determined, and a $25,000 fine was suspended pending appeal, and Dozier remained free on bail. He eventually served nearly four years until a presidential commutation freed him in 1986.
Key West, Florida Police Department
Around June 1984, the Key West Police Department located 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.
On 29 March 1989 American financier Michael Milken was indicted on 98 counts of racketeering and fraud relating to an investigation into an allegation of 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 pleaded guilty to six lesser felonies of securities fraud and tax evasion rather than risk spending the rest of his life in prison and ended up serving 22 months in prison. Milken was also ordered banned for life from the securities industry.
On September 7, 1988, Milken's employer, Drexel Burnham Lambert, was threatened with RICO charges respondeat superior, the legal doctrine that corporations are responsible for their employees' crimes. Drexel avoided RICO charges by entering an Alford plea to lesser felonies of stock parking and stock manipulation. In a carefully worded plea, Drexel said it was "not in a position to dispute the allegations" made by the Government. If Drexel had been indicted under RICO statutes, 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 base. 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. By at least one estimate, a RICO indictment would have destroyed the firm within a month. Years later, Drexel president and CEO Fred Joseph said that Drexel had no choice but to plead guilty because "a financial institution cannot survive a RICO indictment."
Major League Baseball
In 2002, the former minority owners of the Montreal Expos 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 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.
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 Women, 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.
Los Angeles Police Department
In April 2000, federal judge William J. Rea in Los Angeles, ruling in one Rampart scandal case, said that the plaintiffs could pursue RICO claims against the LAPD, an unprecedented finding. The idea that a police organization could be characterized as a racketeering enterprise shook up City Hall and further damaged the already-tarnished image of the LAPD. However, in July 2001, US District Judge Gary A. Feess said that the plaintiffs do not have standing to sue the LAPD under RICO because they are alleging personal injuries rather than economic or property damage.
On April 26, 2006, the Supreme Court heard Mohawk Industries, Inc. v. Williams, No. 05-465, 547 U.S. 516 (2006), 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.
Gambino crime family
Also in Tampa, on October 16, 2006, four members of the Gambino crime family (Capo Ronald Trucchio, Terry Scaglione, Steven Catallono, and Anthony Mucciarone and associate Kevin McMahon) were tried under RICO statutes, found guilty, and sentenced to life in prison.
Lucchese Crime Family
In the mid-1990s, prosecuting attorneys Gregory O'Connell and Charles Rose used RICO charges to bring down the Lucchese family within an 18-month period. Dismantling the Lucchese family had a profound financial impact on previously Mafia held businesses such as construction, garment, and garbage hauling. Here they dominated and extorted money through taxes, dues, and fees. An example of this extortion was through the garbage business. Hauling of garbage from the World Trade Center cost the building owners $1.2 million per year to be removed when the Mafia monopolized the business, as compared to $150,000 per year when competitive bids could be sought.
In 2005, the U.S. Department of Justice's Operation Family Secrets indicted 15 Chicago Outfit (also known as the Outfit, the Chicago Mafia, the Chicago Mob, or the Organization) members and associates under RICO predicates. Five defendants were convicted of RICO violations and other crimes. Six pleaded guilty, two died before trial and one was too sick to be tried.
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 Conahan and Mark Ciavarella. The judges were charged with RICO after allegedly committing acts of mail and wire fraud, tax evasion, money laundering, and honest services fraud. The judges were accused of taking kickbacks for housing juveniles, that the judges convicted of 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.
Scott 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 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 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.
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).
Fourteen defendants affiliated with FIFA were indicted under the RICO act on 47 counts for "racketeering, wire fraud and money laundering conspiracies, among other offenses, in connection with the defendants' participation in a 24-year scheme to enrich themselves through the corruption of international soccer." The defendants include many current and former high-ranking officers of FIFA and its affiliate CONCACAF. The defendants had allegedly used the enterprise as a front to collect millions of dollars in bribes, which may have influenced Russia and Qatar's winning bids to host the 2018 and 2022 FIFA World Cups, respectively.
In 2015, the Drummond Company sued attorneys Terrence P. Collingsworth and William R. Scherer, the advocacy group International Rights Advocates (IRAdvocates), and Dutch businessman Albert van Bilderbeek, one of the owners of Llanos Oil, accusing them of violating RICO by alleging that Drummond had worked alongside Autodefensas Unidas de Colombia to murder labor union leaders within proximity of their Colombian coal mines, which Drummond denies.
Connecticut Senator Len Fasano
In 2005, a federal jury ordered Fasano to pay $500,000 under RICO for illegally helping a client hide their assets in a bankruptcy case.
Art Cohen vs. Donald J. Trump
Art Cohen vs. Donald J. Trump was a civil RICO class action suit filed October 18, 2013, accusing Donald Trump of misrepresenting Trump University "to make tens of millions of dollars" but delivering "neither Donald Trump nor a university". The case was being heard in U.S. District Court for the Southern District of California in San Diego, No. 3:2013cv02519, by Judge Gonzalo P. Curiel. It was scheduled for argument beginning November 28, 2016. However, on November 18 and shortly after Trump won the presidential election, this case and two others were settled for a total of $25 million and without any admission of wrongdoing by Trump.
International equivalents to RICO
The US RICO legislation has other equivalents in the rest of the world. In spite of Interpol having a standardized definition of RICO-like crimes, the interpretation and national implementation in legislation (and enforcement) widely varies. Most nations 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 Commission has powers based on similar legislation and regulations.
- In Canada, the Royal Canadian Mounted Police and the Office of the Superintendent of Financial Institutions enforce rules and regulations[which?] that cumulatively are equivalent to RICO.
- In Ireland the Criminal Assets Bureau has powers to seize assets likely to have been the proceeds of criminality.
- In Jamaica, the Major Organised Crime and Anti-Corruption Agency (MOCA) was founded in 2012 to combat organised financial crimes and bribery.
- New Zealand has a similar arrangement and commission to Australia, in the form of the Organised and Financial Crime Agency of New Zealand (OFCANZ).
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. Colombia and Mexico both have specific laws that define the participation in criminal organizations as a separate crime as well as separate laws that allow the seizure of goods related to these crimes. 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.
ELON MUSK, PROVE YOU ARE NOT A CRIMINAL SCUM-BAG SIMPLY BY ANSWERING THESE QUESTIONS
By H. Fiskar
There are a huge number of websites, news articles, etc. that claim that you are a really bad guy who is involved with the Silicon Valley gay frat boy mafia known as the #PayPalMafia.
Let's clear the rumors up once and for all. Please just answer these questions and the scandals should evaporate if these are lies, right?
Ok, so first of all; many people think that all the media coverage of you is your own self promoting, narcissistic, multi-billion dollar, self-aggrandizing PR hype. Is it?
Did you or your associates ever bribe DNC politicians including Obama, Clinton and Senators Feinstein, Reid, Boxer, Harris, Spier and Pelosi to give you free taxpayer cash and government resources from the Department of Energy and the California political tax pool? Did you ever have your people pay these politicians with stock, real estate, cash, search engine rigging, troll campaigns, jobs, sex, gifts, cars, PR or other goodies?
The Energy Dept (DOE) has been caught covering-up organized crime activities at DOE in which DOE funds are being used as a slush-fund to pay off DNC campaign financiers and to pay for CIA/GPS Fusion-Class attacks on Silicon Valley business competitors. DNC campaign financiers and DOE staff share stock market holdings with each other under family trusts, shell corporations and layered Goldman Sachs accounts. So, the question is: Was the deal that "...Obama funds Tesla, Musk conduits campaign funds to Obama through Tesla and Google, top Obama staff profit off of insider Musk stocks and around and around it goes"?
The public blogs call you a "criminal, a mobster, an asshole, a balding fake-hair wearing, plastic surgery-addicted, bi-sexual douchebag, woman-abusing, sex addicted, tax evader..." Are any of those claims about you true?
Why do you exploit poor people and child slaves in the Congo and Afghanistan to mine your lithium batteries via illicit Cobalt mines? When we look up the phrase on the top search engines: “child labor electric car batteries”, it seems like you are responsible for a huge number of rapes, child labor abuses and murders in the Congo from your lithium mines. Are you?
Have you ever spent resources to hire Russian trolls, fake blogger fan-boys and buy fake news self-glory look-at-me articles about yourself?
Did your father have sex with your sister and get her pregnant as the papers say? Is your father enamored with underage girls? Do you and your buddy Steve Jurvetson have an unhealthy relationship with sex?
Was your mother an abusive "trophy wife"?
You have been very open about using drugs and alcohol? Do you think you have a substance abuse issue?
You rely on Google and the DNC Main Stream News (MSN) to hide bad news about you, right?
Fake News manipulator Google is run by Larry Page. Larry is your investor and bromance buddy, right?
Do you use massive numbers of shell companies and trust funds to self-deal, evade the law and hide your bribes and stock market insider trading?
Did your brother run Solar City and has be under federal investigation for securities fraud?
A huge number of Tesla drivers have been killed; pedestrians and oncoming drivers have also been killed. Do you pay to keep those stories out of the news?
Do your VC’s Tim Draper and Steve Jurvetson get so fanatical about not being embarrassed from a Tesla bankruptcy that they will pump the TSLA stock and threaten anybody who might disclose the Musk misdeeds?
Peter Thiel is another one of your bromance buddies who also protects you, right?
Do you and your cronies, use Palantir, Google and related software to scan the entire internet every few minutes for any occurrence of the words: “Musk”, “Tesla” or “Tesla Fire”? Do you send trolls and fake bloggers (Many of them Russian) to put pro-Musk comments on the comments section of any blogs or articles discussing those topics and try to flood out the truth about you?
It seems like, In EVERY blog that you read that mentions 'Musk', at least 1/3 of the comments have been placed their by your paid shills. There are no “Tesla Fan Boys”, right? All of the fanatic Tesla comments on the internet are yours, Thiel’s, Jurvetson’s and Draper’s fake fanboy trolls. Musk, yourself, stay up late at night pretending to be a ‘Tesla Fan Boy’on blogs, right?
Musk, why do you hold the record for getting sued for fraud by your investors, wives, former partners, employees, suppliers and co-founders?
Why have you gone out of his way to hire hundreds of ex-CIA and In-Q-Tel staff and assign them to "dirty tricks teams" to attack your competitors and elected officials who you hate?
Can you finally admit that you took Tesla away from the founder: Marty, in a hostile take-over?
Isn't it true that your "Starlink" satellites are domestic spy and political manipulation tools and that SpaceX is entirely a spy satellite operation?
Equipment shows that the same kind of EMF radiation proven to cause cancer from cell phones exists in massive amounts in a Tesla. Why don't you disclose that?
"Musk can't fix a car or build a rocket and has almost no mechanical skills". Is that an accurate statement?
If you pull a report of every VIN# of every Tesla ever built and cross reference that with insurance, repair and lawsuit records you will find that the "per volume" fire, crash, death and defect rate is THE WORST of any car maker in history!Are you ashamed of that fact?
All of your bankers have been charged with financial crimes, right?
Elon, What part of this statement is not accurate: "...His batteries cause wars in the Congo, Afghanistan and Bolivia from the corrupt mining deals involved with mining lithium and cobalt. Lithium ion batteries are insider trading-owned by ex-CIA boss Woolsey and DOE Boss Chu. Lithium ion batteries excrete chemicals that mutate fetuses when they burn; destroy your brain, lungs and nervous system when they burn; kill the factory workers who make them; cause Panasonic to be one of the most corrupt companies in the world; poison the Earth when disposed of; can't be extinguished by firemen; poison firemen when they burn; are based on criminally corrupt mining schemes like URANIUM ONE; Have over 61 toxic chemicals in them; come from an industry that spends billions on internet shills and trolls used to nay say all other forms of energy; and are insider-trading owned by corrupt U.S. Senators who are running a SAFETY COVER-UP about their dangers....Apple products with lithium ion batteries have been exploding and setting people on fire. Over time the chemical dendrites, or deposits, inside each battery grow worse and increase the chances of explosion as they age - LITHIUM ION BATTERIES BECOME MORE AND MORE LIKELY TO EXPLODE AS TIME GOES ON AND AS THEY AGE. This is not a theory. This is a scientific fact. That is why you hear about more and more lithium batteries catching fire and blowing up. Additionally, scientists also speculate that the increasing presence of low energy nuclear background energy and wifi energy in the environment is making lithium ion batteries explode more often lately. This theory is upheld by the increasing number of FAA reports about commercial airline cabins suddenly “filling up with toxic smoke” as some lithium ion battery explodes in someones overhead luggage. As commercial jets go higher they lose the protection of the atmosphere and are subjected to more gamma (and other) radiation from overhead. This makes the already unstable lithium ion batteries on board blow up. "Bad Guys" have figured out how to make them explode remotely in devices by making the device electrnics cause the batteries to overload. The dangers of lithium ion batteries are hidden by CNN and Main Stream News (MSN) because pretty much only the DNC people profit from them and the DNC folks control CNN and the MSN.."
Hillary Clinton's buddies at USAID sent all of the DNC campaign financiers in Silicon Valley a federal ‘report’ from USAID that said there was “A TRILLION DOLLARS OF LITHIUM IN AFGHANISTAN” and promised to give those lithium mines, EXCLUSIVELY, to the Silicon Valley venture capitalists if they funded and web search manipulated the election for Obama to take over the White House. We have the documents proving this. In other words, a re-up of the Afghan War was caused by Elon Musk and it killed American soldiers so that Musk could buy more mansions and trophy wives. Did you know this?
Alkaline, NiCAD and hundreds of other battery chemistries DO NOT have all of these problems but Lithium Ion batteries get a monopoly because of your bribed politician insider trading owner-ships. Does that seem fair?
Tesla Motors has caused far more deaths and injuries than the world generally knows about. A recent fire on U.S. Highway 101 near Mountain View, CA, burned the driver alive and killed him. In Florida two kids died in a Tesla, burned alive, screaming in agony. A man died in agony in a Tesla crash in Malibu that set Malibu Canyon on fire. A young woman, at the start of life, and her boyfriend were burned alive in their crashed Tesla. There are many more deaths and crashes than you have seen in the Main Stream News (MSN) The deaths and the cover-ups are endless.Why do you spend more money on cover-ups than on safety?
Senators Dianne Feinstein, Harry Reid, Nancy Pelosi, Kamala Harris and their associates own the stock in Tesla Motors and/or it's suppliers and mining companies and they cover-up and halt investigations and laws designed to save the public. Isn't that a violation of anti-trust laws?
Experts say that your lithium-ion batteries can fuel hotter fires that release toxic fumes and are more difficult to put out. Lithium ion fires keep reigniting which explains why it takes so long and requires copious amounts of water or foam (it is an electric fire, after all) to smother the flames. Tesla employee Bernard Tse and his team warned you about these dangers in 2008 and they got fired and/or warned to "say nothing" by you. Did you break the law by doing this?
Did you have anything to do with the three top Tesla engineers who died in a plane crash next to Tesla offices in San Carlos after two of them agreed to become whistle-blowers?
You have hired bloggers and reporters to engage in character assassination as your main political tool against any member of the public who speaks out against your felony stock market scams. You use Black Cube, Mossad, In-Q-Tel, Stratfor, Gawker Media, Gizmodo Media, Media Matters, David Brock, Sid Blumenthal, NY Times, Google servers, Facebook servers, Podesta Group, Perkins Coie, Covington & Burling and a host of "media assassins". Shouldn't that be illegal?
You have had Gawker, Jalopnik and Gizmodo Media set-up attack stories and, in paid partnership with Google, had Google kick Nick Denton's attack links around the globe, in front of 8 Billion people, forever. Google locks the attack articles of its enemies on the front top search results of Google search results forever, on purpose! Google and you are partners-in-crime. Larry Page steals technology for Google and you meets with Larry Page to advise him on which technologies to steal and how to bypass FEC laws. Should you be arrested?
Elon Musk, you have exceeded FEC campaign finance limits by billions of dollars via “in-kind” services. Some FBI agents who are DNC shills are protecting you but they are getting caught one-by-one. Shouldn't you turn yourself in?
All of the stuff in this letter is from public court records, Congressional hearing records and mainstream news articles. So, we just had to ask. We are all waiting for your responses.