TO: L.T. Gator, VP Innocence Reigns, and Attorneys At Law FROM: L.O. Lee-Para, Support Department RE: RICO Criminal Defense Practice Per your instructions, please find a broad overview and recommendation for our firm's strategic direction in regard to the RICO criminal defense practice. Certainly, it is understood that if we continue to robustly pursue RICO cases, there may be a need to scale back on other segments of the business. However, if you will not the enclosed exhibit, you will see that we can make a valid fiscal contribution to the firm based on just a few RICO cases per annum. Additionally, references have been included to help buttress your argument, but are listed separately for your convenience. Please contact me if I may provide additional information. Background The RICO Act- The RICO (Racketeer Influenced and Corrupt Organizations Act) was enacted as a Federal Law in 1970 and is codified as Chapter 96 of Title 17 of the United States Code. Its original intent was to prosecute members of the Mafia as well as other individuals who were actively engaged in organized crime in the United Sates (18 USC Chapter 96 - Racketeer Influenced and Corrupt Organizations, 1970). The RICO Act focuses on those who organized the crime, ordered the crime, or planned the crime not necessarily those who actually committed the crime. The Act was originally intended as a means of aggressively prosecuting members of organized crime families who were well-insulated from more
5. The Racketeer Influenced and Corrupt Organizations Act (RICO) was originally designed to combat corporate crime? (Hint: No, organized crime…)
In contrast, Hoover’s rival from the Federal Bureau of Narcotics, Harry Anslinger, sent dossiers to the FBI on over 300 high level mafia members beginning in the early 1950s. Somehow, Hoover even remained reluctant to pursue the mafia after one of the most highly publicized mafia conventions took place Apalachin, NY in 1957. This meeting was portrayed in the opening scene of Analyze This and approximately 100 different mafia bosses from around the country were at this gathering. Yet, in that same year there wasn’t a single FBI agent stationed in Las Vegas. Likewise, only four agents from their New York offices pursued organized crime in 1959, while there were 400 FBI agents dedicated to communist subversives.
The RICO Act has been an important component in addressing organized and white collar crime. Write a five page (double-spaced) essay that summarizes the RICO Act and its impact on organized and white collar crime. Be sure to support your thoughts with information from our readings.
The criminal justice system has evolved over numerous decades. Punishable crimes were only considered exceedingly serious actions. As time went on; post World War 1, laws were enacted and punishments were enforced to deter crimes from occurring and to protect the public (Gardner and Anderson, 2012). Whitey Bulger and Al Capone were both well-known criminals who seemed to live without proper punishment for what we would consider today. The government changed how laws were passed and laws can be determined by not only the federal government, but state governments, and local governments, as well. These laws are put in place based on what laws are believed to help the community and society (Gardner and Anderson, 2012).
What these rubrics ensure is that it is able to be proven that a project or business was or is organized and was or is operating in attempts to make profit by illegal means. It must be proven with evidence or testimony that the defendants partook of these activities in order to keep their high level status or to gain status within the business. It may also be noted that the two incidents of racketeering need to have occurred within ten years of one another in order to uphold RICO laws. Also, many states have created their own RICO-like laws that envelop and uphold many of the statutes of RICO itself, in attempts to prevent any loophole activity from occurring. If a conviction is apprehended then the defendant(s) is often subject to pay back numerous monetary sums including but not limited to, funds that were accrued during the illegal activity, treble damages, as well as court and attorney fees. There are a number of differing opinions on the RICO statute, include some of which that feel as though RICO is overstepping some of its Constitutional bounds.
Write a 1,400- to 1750-word paper in which you evaluate past, present, and future trends of the criminal justice component you select. Discuss the budgetary and managerial impact that future trends will likely have not only on the component you select, but also
The RICO act was signed in to law enforcement in 1970 by the acting commander in chief Richard Nixon. RICO was enacted as title XI of the organized crime act and started off in full swing with the Mafia growing more powerful than the public really knew. RICO was a total game changer, not just for the gangster, but the people they so often did their dirty work with. RICO has a multitude of ways someone can by charged with a crime of racketeering. Racketeering its self, is really an umbrella of more than about 50 plus different crimes. Under RICO any person that has committed two or more racketeering offense in the last decade can be charged using the RICO act to help. Originally enacted to bring down the Cosa Nostra from running their criminal enterprise, but in order to do so “the head of the snake had to be cut off” as said by Rudy Giuliani. The bosses of the mob never got their own hands dirty they were always the ones giving orders in privet meetings with their worker men, so tying the bosses to the crimes being committed on the street was near, if not completely imposable. The best way to the damning information and evidence is; wire taps, recordings and records of all kinds. Before you can just intrude in to someones personal life like that you need a court order, because as Americans we have rights and the 4th amendment protects us from such invasion criminal or not. Before a judge will sign off on a title XI you must have hard evidential prof that someone has
In the United States of America, the Organized Crime Control Act, 1970 established witness protection program that provides for the identity protection and relocation of witnesses and their families to safe place in state and federal criminal proceedings under this act. Under title V of this Act, the Attorney General Authority was empowered to expand grants for the protection of witnesses. However, this act provides protection to the witnesses only in the proceedings related to organized crime. The Act was silent about proceedings in the cases involving other offences.
Of all of the law enforcement officers that we will talk about today, few are more famous than the men in this room. Eliot Ness, Elmer Irey, Harry Anslinger, and J. Edgar Hoover were all well known for taking down criminals involved in many different rackets. Eliot Ness of the Bureau of Prohibition and Elmer Irey of the IRS were particularly influential in taking down gangsters during the 1920’s and 30’s. Though Ness could not get a conviction to stick to Al Capone, he and his posse of agents were famous for being “The Untouchables”, meaning that they could not be corrupted by the criminals they chased. It helped to bring legitimacy to law enforcement that had been sorely lacking due to the many cops on the take from bootleggers. It was actually Elmer Irey and his department full of accountants that ended up saddled with Capone’s case. They were able to prove that he made over $1 million more than he had claimed on his taxes. This figure didn’t even come close to what he
During the late 1800s and early 1900s immigration to a new better world, the United States Of America was in full swing. With all the immigration from so many different countries brought much diversity to America but it also brought a new type of crime, Organized Crime. This was due to a part that the Italian Sicilian Mafia was under attack from Mussolini regime but also the creation of the 18th amendment banning the sales, manufacturing, or transportation of any alcoholic beverage.
For the past 50 years, America’s criminal justice system has encountered several significant changes dealing with courts and policing. According to Marion and Oliver (2006), the historical Supreme Court rulings like Mapp v. Ohio and Miranda v. Arizona mold the way courts and law enforcement handle individuals charged with committing crimes. This paper will discuss the evolution of courts and law enforcement reflects the diverse and changing need for today’s population which is first importance, the urgency for cooperation and communication among criminal justice agencies and law enforcement within the country. Individuals must
This code states that all family-based activities are above all domestic family matters in the home, it enforces silence, a strike upon another member is like a strike on the boss himself. Violating any of these laws is punishable by death with no trial or remorse (Whizkid01 3). This one value is what kept Mafia families powerful and prosperous.
Terrorism has never been in the States; only in third world countries. Since 9/11-2001 is has been a reality and ongoing nightmare and hit close to home. The attack on the World Trade Centers in New York was a wakeup call. United States has been on high alert ever since, waiting for the next possible Terrorists attack. This paper will explain why terrorism is a law enforcement concern as well as how terrorism is considered a crime. At last the paper will state some recommendations that the American Criminal Justice should do, to better prepare for future crimes.
We may not see this group but the mafia was big back in the day. The mafia was the leading group in criminal activity in the 1960’s(Darity). The mafia was a group that would make tons and tons of money off of drugs, robberies and murders. They would sometimes pay off cops to look the other way and if they didn’t get what they wanted they would use their firearms. With stronger and more enforced laws, many lives could have been saved.
The Italian Mafia in the U.S. can trace its origins all the way back to the Sicilian Mafia which was founded in Sicily during the 1800’s (Italian Organized Crime). After thousands of years of different armies with different nationalities conquering Italy and exploiting its people, the Sicilians became to be more clannish and family focused. Originally they were just resistance fighters that were protecting their friends and family. They were relied on for protection, justice, and survival. Nobody cared if they got money from it because it came from the oppressive authorities. Members of these groups were known as “Men of Honor” and they were well respected and even admired because they looked out for their family and kept silent sometimes even unto death. They didn’t become an organized crime group until the 1920’s however (Italian Organized Crime). It was around this same time that the US began to see what later became La Cosa Nostra or “our thing,” better known as the American Mafia which was aided by the “thousands of Italian organized crime figures, mostly Sicilian Mafiosi” who came to the United States illegally (Italian Organized Crime). The modern American Mafia is credited to Charles “Lucky” Luciano who came over in the 1920’s (Italian Organized Crime). Luciano structured La Cosa Nostra just like their Sicilian