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212-489: The Racketeer Influenced and Corrupt Organizations ( RICO ) Act 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 . RICO was enacted by Title IX of the Organized Crime Control Act of 1970 ( Pub. L. 91–452 , 84 Stat. 922 , enacted October 15, 1970 ), and
424-420: A gang , crime family , mafia , mob, (crime) ring, or syndicate; the network, subculture, and community of criminals involved in organized crime may be referred to as the underworld or gangland. Sociologists sometimes specifically distinguish a "mafia" as a type of organized crime group that specializes in the supply of extra-legal protection and quasi-law enforcement. Academic studies of the original "Mafia",
636-401: A jury , and aggressive pretrial "law and motion" practice designed to result in a pretrial disposition (that is, summary judgment ) or a settlement. U.S. courts pioneered the concept of the opt-out class action , by which the burden falls on class members to notify the court that they do not wish to be bound by the judgment, as opposed to opt-in class actions, where class members must join into
848-548: A British classic or two, a famous old case, or a nod to Blackstone ; but current British law almost never gets any mention." Foreign law has never been cited as binding precedent, but as a reflection of the shared values of Anglo-American civilization or even Western civilization in general. Federal law originates with the Constitution, which gives Congress the power to enact statutes for certain limited purposes like regulating interstate commerce . The United States Code
1060-851: A RICO indictment." John Gotti and Frank Locascio were convicted on April 2, 1992, under the RICO Act and later sentenced to life in prison. After the 1998 simultaneous bombings of the US Embassies in Tanzania and Kenya, the US Department of Justice sued Osama bin Laden in absentia under the RICO statute. A 2004 documentary by BBC filmmaker Adam Curtis called The Power of Nightmares argued controversially that in order to prosecute bin Laden in absentia, U.S. prosecutors had to prove that he
1272-410: A breach of general obligations imposed by law and not by contract. This broad family of civil wrongs involves interference "with person, property, reputation, or commercial or social advantage." Organized crime Organized crime is a category of transnational , national, or local group of centralized enterprises run to engage in illegal activity, most commonly for profit. While organized crime
1484-466: 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. That would have taken precedence over all of the firm's other obligations, including the loans that provided 96 percent of its capital base. If
1696-570: A civil RICO case naming 30 defendants who were also implicated in the Iran-Contra scandal that they were also part of a conspiracy behind the La Penca bombing . The suit, titled Avirgan v Hull named several Central Intelligence Agency figures and accused them of participating in illegal political assassinations, as well as arms and drug trafficking. The suit was eventually dismissed in 1989, and lead attorney Daniel Sheehan alleged members of
1908-609: A client hide their assets in a bankruptcy case. United States federal law The law of the United States comprises many levels of codified and uncodified forms of law , of which the supreme law is the nation's Constitution , which prescribes the foundation of the federal government of the United States, as well as various civil liberties . The Constitution sets out the boundaries of federal law, which consists of Acts of Congress , treaties ratified by
2120-520: A competitive advantage for some groups; however, it is inaccurate to adopt this as the only determinant of classification in organized crime. This categorization includes the Sicilian Mafia , 'Ndrangheta , ethnic Chinese criminal groups , Japanese yakuza (or Boryokudan ), Colombian drug trafficking groups , Nigerian organized crime groups, Corsican mafia , Korean criminal groups and Jamaican posses . From this perspective, organized crime
2332-473: A counterfeiting and laundering operation. The FBI began to investigate the group using RICO following the assassination of Jewish radio host Alan Berg on June 18, 1984, and the arrest of member Tom Martinez, for using counterfeit bills to buy liquor. Martinez informed on The Order and RICO was used by the FBI to bring 10 members of The Order to trial and achieved conviction of racketeering and conspiracy charges. Over
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#17327725493792544-452: A court as persuasive authority as to how a particular statute or regulation may be interpreted (known as Skidmore deference), but are not entitled to Chevron deference. Unlike the situation with the states, there is no plenary reception statute at the federal level that continued the common law and thereby granted federal courts the power to formulate legal precedent like their English predecessors. Federal courts are solely creatures of
2756-432: A degree of organizational rationality. Members saw themselves as organized criminals; gangs were formal-rational organizations, Strong organizational structures, well defined roles and rules that guided members' behavior. Also a specified and regular means of income (i.e., drugs). Padilla (1992) agreed with the two above. However some have found these to be loose rather than well-defined and lacking persistent focus, there
2968-731: A famous cutting horse . Cauble was convicted in January 1982 on ten counts: two counts of violating the Racketeer Influenced and Corrupt Organizations Act statute (RICO), conspiracy to violate RICO, three violations of the Interstate Commerce Travel Act , and four counts of misapplication of bank funds. He was sentenced to ten concurrent terms of five years. He completed his prison term, was released in September 1987, and died in 2003. Three books about
3180-403: A few families and business oligarchs that may be deemed or may devolve into organized crime groups in practice. By their very nature, kleptocracies , mafia states , narco-states or narcokleptocracies , and states with high levels of clientelism and political corruption are either heavily involved with organized crime or tend to foster organized crime within their own governments. In
3392-581: A final version is published in the Federal Register. The regulations are codified and incorporated into the Code of Federal Regulations (CFR) which is published once a year on a rolling schedule. Besides regulations formally promulgated under the APA, federal agencies also frequently promulgate an enormous amount of forms, manuals, policy statements, letters, and rulings. These documents may be considered by
3604-513: A financial crime, counterfeiting also involves manufacturing or distributing goods under assumed names. Counterfeiters benefit because consumers believe they are buying goods from companies that they trust, when in reality they are buying low quality counterfeit goods. In 2007, the OECD reported the scope of counterfeit products to include food, pharmaceuticals, pesticides, electrical components, tobacco and even household cleaning products in addition to
3816-484: A given network), while a Trojan horse is a program that appears harmless but hides malicious functions (such as retrieval of stored confidential data, corruption of information, or interception of transmissions). Worms and Trojan horses, like viruses, may harm a computer system's data or performance. Applying the Internet model of organized crime, the proliferation of computer viruses and other malicious software promotes
4028-408: A greater propensity for imitation. Gangs and traditional criminal organizations cannot be universally linked (Decker, 1998), however there are clear benefits to both the adult and youth organization through their association. In terms of structure, no single crime group is archetypal, though in most cases there are well-defined patterns of vertical integration (where criminal groups attempt to control
4240-597: A handful of areas like insurance , Congress has enacted laws expressly refusing to regulate them as long as the states have laws regulating them (see, e.g., the McCarran–Ferguson Act ). After the president signs a bill into law (or Congress enacts it over the president's veto), it is delivered to the Office of the Federal Register (OFR) of the National Archives and Records Administration (NARA) where it
4452-535: A later deputy chief of the criminal division for the Southern District of New York and later managing director in the legal department at Goldman Sachs . Time magazine called the "Case of Cases" possibly "the most significant assault on the infrastructure of organized crime since the high command of the Chicago Mafia was swept away in 1943" and quoted Giuliani's stated intention: "Our approach
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#17327725493794664-438: A legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. They retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by
4876-426: A lesser form of judicial deference known as Skidmore deference . Many lawsuits turn on the meaning of a federal statute or regulation, and judicial interpretations of such meaning carry legal force under the principle of stare decisis . During the 18th and 19th centuries, federal law traditionally focused on areas where there was an express grant of power to the federal government in the federal Constitution, like
5088-429: A list of 35 crimes (27 federal crimes and eight 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
5300-409: A matter of fundamental fairness, and second, because in the absence of case law, it would be completely unworkable for every minor issue in every legal case to be briefed, argued, and decided from first principles (such as relevant statutes, constitutional provisions, and underlying public policies), which in turn would create hopeless inefficiency, instability, and unpredictability, and thereby undermine
5512-415: A medical issue and others categorizing the same offense as a serious felony . The law of criminal procedure in the United States consists of a massive overlay of federal constitutional case law interwoven with the federal and state statutes that actually provide the foundation for the creation and operation of law enforcement agencies and prison systems as well as the proceedings in criminal trials. Due to
5724-520: A nation-state to penetrate another nation's computers or networks with the intention of causing civil damage or disruption. Moreover, it acts as the "fifth domain of warfare," and William J. Lynn , U.S. Deputy Secretary of Defense , states that "as a doctrinal matter, the Pentagon has formally recognized cyberspace as a new domain in warfare . . . [which] has become just as critical to military operations as land, sea, air, and space." Cyber espionage
5936-521: A number of civil law innovations. In the United States, the law is derived from five sources: constitutional law , statutory law , treaties, administrative regulations , and the common law (which includes case law). If Congress enacts a statute that conflicts with the Constitution, state or federal courts may rule that law to be unconstitutional and declare it invalid. Notably, a statute does not automatically disappear merely because it has been found unconstitutional; it may, however, be deleted by
6148-554: A particular territory, facility, or enterprise." Some reasons youth join gangs include to feel accepted, attain status, and increase their self-esteem. A sense of unity brings together many of the youth gangs that lack the family aspect at home. "Zones of transition" are deteriorating neighborhoods with shifting populations. In such areas, conflict between groups, fighting, "turf wars", and theft promote solidarity and cohesion. Cohen (1955): working class teenagers joined gangs due to frustration of inability to achieve status and goals of
6360-418: A pattern are called "predicate" offenses. 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." 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
6572-410: A pattern of "racketeering activity." A US Attorney who indicts someone under RICO has the option of seeking a pre-trial restraining order or an injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property as well as to require the defendant to put up a performance bond . An injunction or performance bond ensures that there is something to seize in
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6784-447: A pattern of maltreatment on their own children years later. Klein (1971) like Spergel studied the effects on members of social workers' interventions. More interventions actually lead to greater gang participation and solidarity and bonds between members. Downes and Rock (1988) on Parker's analysis: strain theory applies, labeling theory (from experience with police and courts), control theory (involvement in trouble from early childhood and
6996-562: A person who is coerced by another to engage in sexual activity. Official numbers of individuals in sexual slavery worldwide vary. In 2001 International Organization for Migration estimated 400,000, the Federal Bureau of Investigation estimated 700,000 and UNICEF estimated 1.75 million. The most common destinations for victims of human trafficking are Thailand, Japan, Israel, Belgium, the Netherlands, Germany, Italy, Turkey and
7208-670: A politically motivated group. Notable groups include the Medellín Cartel , Corleonesi Mafia , various Mexican Cartels , and Jamaican Posse . Organized crime groups generate large amounts of money by activities such as drug trafficking, arms smuggling, extortion, theft, and financial crime. These illegally sourced assets are of little use to them unless they can disguise it and convert it into funds that are available for investment into legitimate enterprise. The methods they use for converting its 'dirty' money into 'clean' assets encourages corruption. Organized crime groups need to hide
7420-726: A range of business and labor racketeering activities, such as skimming casinos, insider trading, setting up monopolies in industries such as garbage collecting, construction and cement pouring, bid rigging, getting "no-show" and "no-work" jobs, political corruption and bullying. The commission of violent crime may form part of a criminal organization's 'tools' used to achieve criminogenic goals (for example, its threatening, authoritative, coercive, terror-inducing, or rebellious role), due to psycho-social factors (cultural conflict, aggression, rebellion against authority, access to illicit substances, counter-cultural dynamic), or may, in and of itself, be crime rationally chosen by individual criminals and
7632-696: A result MS-13 is known to commit acts of violence against members of the Minutemen, to prevent them from interfering with their illegal immigration activities. Throughout the world there are various anti-gang vigilante groups, who profess to be fighting against gang influence, but share characteristics and acts similarly to gangs, including Sombra Negra , Friends Stand United , People Against Gangsterism and Drugs , and OG Imba . Gangs that are involved in drug trafficking often commit violent acts to stop or force out independent dealers—drug dealers with no gang ties—to keep them from taking customers. In America, there
7844-605: A result, marine biologists say that the local fishery is recovering. In Mexico a vigilante group called Grupos de autodefensa comunitaria was formed to counter the illegal loggers , the La Familia Michoacana Cartel and a drug cartel/ cult known as the Knights Templar Cartel ; as they grew, they were being joined by former cartel members and as they got bigger they began to sell drugs in order to buy weapons. The Knights Templar Cartel
8056-595: A salt form that is white. The former is mainly produced in Afghanistan and some south-west countries while the latter had a history of being produced in only south-east Asia, but has since moved to also being produced in Afghanistan. There is some suspicion white Heroin is also being produced in Iran and Pakistan, but it is not confirmed. This area of Heroin production is referred to as the Golden Crescent. Heroin
8268-408: A sense of detachment between the perpetrator (whether that be the criminal organization or another individual) and the victim; this may help to explain vast increases in cyber-crime such as these for the purpose of ideological crime or terrorism. In mid July 2010, security experts discovered a malicious software program that had infiltrated factory computers and had spread to plants around the world. It
8480-649: A small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states. Two examples are the Statute of Frauds (still widely known in the U.S. by that name) and the Statute of 13 Elizabeth (the ancestor of the Uniform Fraudulent Transfer Act). Such English statutes are still regularly cited in contemporary American cases interpreting their modern American descendants. Despite
8692-605: A source of heroin." With respect to organized crime and accelerating synthetic drug production in East and Southeast Asia, especially the Golden Triangle , Sam Gor , also known as The Company, is the most prominent international crime syndicate based in Asia-Pacific . It is made up of members of five different triads. Sam Gor is understood to be headed by Chinese-Canadian Tse Chi Lop . The Cantonese Chinese syndicate
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8904-498: A state or to facilitate trade of goods and services that may have been banned by a state (such as illegal drugs or firearms). Sometimes, criminal organizations force people to do business with them, such as when a gang extorts protection money from shopkeepers. Street gangs may often be deemed organized crime groups or, under stricter definitions of organized crime, may become disciplined enough to be considered organized . A criminal organization can also be referred to as an outfit ,
9116-643: A study, they estimated that in 2009, money laundering equated to about 2.7% of global GDP being laundered; this is equal to about 1.6 trillion US dollars. The Financial Action Task Force on Money Laundering (FATF), an intergovernmental body set up to combat money laundering, has stated that "A sustained effort between 1996 and 2000 by the Financial Action Task Force (FATF) to produce such estimates failed." However, anti-money laundering efforts that seize money laundered assets in 2001 amounted to $ 386 million. The rapid growth of money laundering
9328-529: A subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However, under the principle of stare decisis , a lower court that enforces an unconstitutional statute will be reversed by the Supreme Court. Conversely, any court that refuses to enforce a constitutional statute will risk reversal by the Supreme Court. The United States and most Commonwealth countries are heirs to
9540-627: A welding supply company, and oil and gas holdings. The company's worth was estimated at $ 80 million. However, the government sold their interest back to the other partners (Cauble's wife and son) for an estimated $ 12 million. 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 ,
9752-400: A willingness to reconsider others. And that willingness could itself threaten to substitute disruption, confusion, and uncertainty for necessary legal stability. We have not found here any factors that might overcome these considerations. It is now sometimes possible, over time, for a line of precedents to drift from the express language of any underlying statutory or constitutional texts until
9964-427: A year or less in jail and a substantial fine. To simplify the prosecution of traffic violations and other relatively minor crimes, some states have added a third level, infractions . These may result in fines and sometimes the loss of one's driver's license, but no jail time. On average, only three percent of criminal cases are resolved by jury trial; 97 percent are terminated either by plea bargaining or dismissal of
10176-441: Is no general federal common law . Although federal courts can create federal common law in the form of case law, such law must be linked one way or another to the interpretation of a particular federal constitutional provision, statute, or regulation (which was either enacted as part of the Constitution or pursuant to constitutional authority). Federal courts lack the plenary power possessed by state courts to simply make up law, which
10388-423: Is a tendency to distinguish "traditional" organized crime such as gambling , loan sharking , drug-trafficking , prostitution , and fraud from certain other forms of crime that also usually involve organized or group criminal acts, such as white-collar crime , financial crimes , political crimes , war crimes , state crimes, and treason . This distinction is not always apparent and academics continue to debate
10600-496: Is also not uncommon for drug farms to also host livestock , both to have a legal source of revenue to help disguise the dirty money and so that the livestock can provide a source of organic fertilizer (such as manure ) for the drug crops. There are multiple instances where traffickers set up some of their drug farms, safe houses and drug labs in remote wilderness areas. Once produced, the fully processed narcotics are then transported to more populated areas to be sold. Oftentimes
10812-671: Is an animal welfare organization called Rescue Ink, in which outlaw biker gang members volunteer to rescue animals in need and combat against people who commit animal cruelty, such as breaking up cockfighting rings, stopping the killing of stray cats , breaking up dog fighting rings, and rescuing pets from abusive owners. In the American prison system, prison gangs are often known to physically harm and even kill inmates who have committed such crimes as child murder , serial killing , pedophilia , hate crimes , domestic violence , and rape , and inmates who have committed crimes against
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#173277254937911024-416: Is argued that rational choice is not represented in this. The choice to commit a certain act, or associate with other organized crime groups, may be seen as much more of an entrepreneurial decision - contributing to the continuation of a criminal enterprise, by maximizing those aspects that protect or support their own individual gain. In this context, the role of risk is also easily understandable, however it
11236-526: Is assigned a law number, and prepared for publication as a slip law . Public laws, but not private laws, are also given legal statutory citation by the OFR. At the end of each session of Congress, the slip laws are compiled into bound volumes called the United States Statutes at Large , and they are known as session laws . The Statutes at Large present a chronological arrangement of the laws in
11448-572: Is codified at 18 U.S.C. ch. 96 as 18 U.S.C. §§ 1961 – 1968 . This article primarily covers the federal criminal statute, but since 1972, 33 U.S. states and territories have adopted state RICO laws, which although similar, cover additional state crimes and may differ from the federal law and each other in several respects. G. Robert Blakey , an adviser to the United States Senate Government Operations Committee , drafted
11660-419: Is commonly used interchangeably with "youth gang," referring to neighborhood or street-based youth groups that meet "gang" criteria. Miller (1992) defines a street gang as "a self-formed association of peers, united by mutual interests, with identifiable leadership and internal organization, who act collectively or as individuals to achieve specific purposes, including the conduct of illegal activity and control of
11872-583: Is considered "the first attack on critical industrial infrastructure that sits at the foundation of modern economies," notes the New York Times. Corporate crime refers to crimes committed either by a corporation (i.e., a business entity having a separate legal personality from the natural persons that manage its activities), or by individuals that may be identified with a corporation or other business entity (see vicarious liability and corporate liability ). Corporate crimes are motivated by either
12084-481: Is currently debating whether such activities as commercial espionage or theft of intellectual property are criminal activities or actual "breaches of national security." Furthermore, military activities that use computers and satellites for coordination are at risk of equipment disruption. Orders and communications can be intercepted or replaced. Power, water, fuel, communications, and transportation infrastructure all may be vulnerable to sabotage . According to Clarke,
12296-407: Is debatable whether the underlying motivation should be seen as true entrepreneurship or entrepreneurship as a product of some social disadvantage. The criminal organization, much in the same way as one would assess pleasure and pain, weighs such factors as legal, social and economic risk to determine potential profit and loss from certain criminal activities. This decision-making process rises from
12508-557: Is defined by the United Nations Convention Against Transnational Organized Crime as "...the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a state party of which the person is not a national". This practice has increased over the past few decades and today now accounts for a significant portion of illegal immigration in countries around
12720-404: Is dependent on the types of crime the organization is involved in (as well as their organizational structure or cultural tradition) aggressive acts range on a spectrum from low-grade physical assaults to major trauma assaults . Bodily harm and grievous bodily harm, within the context of organized crime, must be understood as indicators of intense social and cultural conflict, motivations contrary to
12932-431: Is due to: Money laundering is a three-stage process: Means of money laundering: The policy aim in this area is to make the financial markets transparent, and minimize the circulation of criminal money and its cost upon legitimate markets. Counterfeiting money is another financial crime. The counterfeiting of money includes illegally producing money that is then used to pay for anything desired. In addition to being
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#173277254937913144-573: Is estimated to involve over 1 trillion US dollars annually. A state of unrestrained political corruption is known as a kleptocracy , literally meaning "rule by thieves". There are three major regions that center around drug trafficking , known as the Golden Triangle (Burma, Laos, Thailand), Golden Crescent (Afghanistan) and Central and South America. There are suggestions that due to the continuing decline in opium production in South East Asia, traffickers may begin to look to Afghanistan as
13356-479: Is generally thought of as a form of illegal business, some criminal organizations, such as terrorist groups , rebel forces , and separatists , are politically motivated. Many criminal organizations rely on fear or terror to achieve their goals or aims as well as to maintain control within the organization and may adopt tactics commonly used by authoritarian regimes to maintain power. Some forms of organized crime simply exist to cater towards demand of illegal goods in
13568-533: Is no universally agreed, legally binding, criminal law definition of terrorism . Common definitions of terrorism refer only to those violent acts which are intended to create fear (terror), are perpetrated for a religious, political or ideological goal, deliberately target or disregard the safety of non-combatants (e.g., neutral military personnel or civilians ), and are committed by non-government agencies. Some definitions also include acts of unlawful violence and war, especially crimes against humanity ( see
13780-566: Is not a modern phenomenon - the construction of 17th and 18th century crime gangs fulfill all the present day criteria of criminal organizations (in opposition to the Alien Conspiracy Theory). These roamed the rural borderlands of central Europe embarking on many of the same illegal activities associated with today's crime organizations, with the exception of money laundering. When the French revolution created strong nation states,
13992-462: Is not repugnant to domestic law or indigenous conditions. Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague. Thus, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form, such as the heightened duty of care traditionally imposed upon common carriers . Second,
14204-414: Is not restricted to these activities. The activities that constitute illegal corruption differ depending on the country or jurisdiction. For instance, certain political funding practices that are legal in one place may be illegal in another. In some cases, government officials have broad or poorly defined powers, which make it difficult to distinguish between legal and illegal actions. Worldwide, bribery alone
14416-519: Is not the only drug being used in these areas. The European market has shown signs of growing use in opioids on top of the long-term heroin use. Drug traffickers produce drugs in drug laboratories and drug farms. A drug lab can range in size from small workshops to the size of small towns (such as Tranquilandia ). A drug farm is a place where drug crops are grown before being made into illegal narcotics. A drug farm can range in size from smallholdings to large plantations. In addition to drug crops, it
14628-423: Is permitted in some states but not others. Three strikes laws in certain states impose harsh penalties on repeat offenders. Some states distinguish between two levels: felonies and misdemeanors (minor crimes). Generally, most felony convictions result in lengthy prison sentences as well as subsequent probation , large fines , and orders to pay restitution directly to victims; while misdemeanors may lead to
14840-399: Is primarily for prostituting women and children into sex industries . Sexual slavery encompasses most, if not all, forms of forced prostitution. The terms " forced prostitution " or "enforced prostitution" appear in international and humanitarian conventions but have been insufficiently understood and inconsistently applied. "Forced prostitution" generally refers to conditions of control over
15052-562: Is primarily involved in drug trafficking, earning at least $ 8 billion per year. Sam Gor is alleged to control 40% of the Asia-Pacific methamphetamine market, while also trafficking heroin and ketamine . The organization is active in a variety of countries, including Myanmar, Thailand, New Zealand, Australia, Japan, China and Taiwan. Sam Gor previously produced meth in Southern China and is now believed to manufacture mainly in
15264-469: Is the head of a criminal organization responsible for the bombings. They find a former associate of bin Laden, Jamal al-Fadl, and pay him to testify that bin Laden is the head of a massive terrorist organization called " al-Qaeda ," which satisfied the requirements of the RICO statute, but that in actuality, a formal terrorist organization named "Al Qaeda" did not exist. In 1999 the Rampart scandal broke in
15476-460: Is the most prominent of the small number of remaining equity courts. Thirty-five states have adopted rules of civil procedure modeled after the FRCP (including rule numbers). However, in doing so, they had to make some modifications to account for the fact that state courts have broad general jurisdiction while federal courts have relatively limited jurisdiction. New York, Illinois, and California are
15688-571: Is the official compilation and codification of the general and permanent federal statutes. Many statutes give executive branch agencies the power to create regulations , which are published in the Federal Register and codified into the Code of Federal Regulations . From 1984 to 2024, regulations generally also carried the force of law under the Chevron doctrine , but are now subject only to
15900-433: Is the practice of obtaining confidential, sensitive, proprietary or classified information from individuals, competitors, groups, or governments using illegal exploitation methods on internet, networks, software or computers. There is also a clear military, political, or economic motivation. Unsecured information may be intercepted and modified, making espionage possible internationally. The recently established Cyber Command
16112-404: Is the unauthorized or prohibited use of works under copyright , infringing the copyright holder's exclusive rights , such as the right to reproduce or perform the copyrighted work, or to make derivative works . Whilst almost universally considered under civil procedure , the impact and intent of organized criminal operations in this area of crime has been the subject of much debate. Article 61 of
16324-513: Is to prevent heavy levels of community policing , that could be harmful to their illicit businesses; additionally the vigilante acts could help the gangs to ingratiate themselves in their communities . In the US during the roaring twenties, the anti-catholic and anti-semitic Ku Klux Klan was known to be a staunch enforcer of prohibition, as a result Italian , Irish , Polish and Jewish gangsters would at times have violent confrontations against
16536-479: Is to wipe out the five families." Three heads of the Five Families were sentenced to 100 years in prison on January 13, 1987. The Genovese and Colombo leaders, Tony Salerno and Carmine Persico received additional sentences in separate trials, with 70-year and 39-year sentences to run consecutively. The Gambino crime family boss Paul Castellano and his underboss , Thomas Bilotti , were murdered on
16748-540: Is usually expressed in the form of various legal rights and duties). (The remainder of this article requires the reader to be already familiar with the contents of the separate article on state law .) Criminal law involves the prosecution by the state of wrongful acts which are considered to be so serious that they are a breach of the sovereign's peace (and cannot be deterred or remedied by mere lawsuits between private parties). Generally, crimes can result in incarceration , but torts (see below) cannot. The majority of
16960-699: Is vast, including but not limited to pharmacies, import-export companies , check-cashing stores , tattoo parlors, zoos, online dating sites, liquor stores, motorcycle shops, banks, hotels, ranches and plantations, electronic stores, beauty salons, real estate companies , daycares, framing stores , taxicab companies, phone companies, shopping malls, jewelry stores, modeling agencies, dry cleaners, pawn shops, pool halls , clothing stores, freight companies , charity foundations , youth centers, recording studios, sporting goods stores, furniture stores, gyms, insurance companies, security companies , law firms , and private military companies . Labor racketeering, as defined by
17172-605: The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires that signatory countries establish criminal procedures and penalties in cases of willful trademark counterfeiting or copyright piracy on a commercial scale. More recently copyright holders have demanded that states provide criminal sanctions for all types of copyright infringement. Organized criminal groups capitalize on consumer complicity, advancements in security and anonymity technology, emerging markets and new methods of product transmission, and
17384-620: The California constitutional convention was already complaining: "Now, when we require them to state the reasons for a decision, we do not mean they shall write a hundred pages of detail. We [do] not mean that they shall include the small cases, and impose on the country all this fine judicial literature, for the Lord knows we have got enough of that already." Today, in the words of Stanford law professor Lawrence M. Friedman : "American cases rarely cite foreign materials. Courts occasionally cite
17596-452: The Erie doctrine is that federal courts cannot dictate the content of state law when there is no federal issue (and thus no federal supremacy issue) in a case. When hearing claims under state law pursuant to diversity jurisdiction , federal trial courts must apply the statutory and decisional law of the state in which they sit, as if they were a court of that state, even if they believe that
17808-486: The Federal Arbitration Act (which has been interpreted to cover all contracts arising under federal or state law), arbitration clauses are generally enforceable unless the party resisting arbitration can show unconscionability or fraud or something else which undermines the entire contract. Tort law generally covers any civil action between private parties arising from wrongful acts that amount to
18020-605: The Golden Triangle , specifically Shan State , Myanmar , responsible for much of the massive surge of crystal meth in recent years. The group is understood to be headed by Tse Chi Lop , a Chinese-Canadian gangster born in Guangzhou , China. Tse is a former member of the Hong Kong-based crime group, the Big Circle Gang . In 1988, Tse immigrated to Canada. In 1998, Tse was convicted of transporting heroin into
18232-784: The Italian Mafia , as well as its American counterpart , generated an economic study of organized crime groups and exerted great influence on studies of the Russian mafia , the Chinese triads , the Hong Kong triads, and the Japanese yakuza . Other organizations—including states, churches, militaries , police forces , and corporations—may sometimes use organized-crime methods to conduct their activities, but their powers derive from their status as formal social institutions. There
18444-484: The Judiciary Acts ), and the beginning of regular verbatim publication of U.S. appellate decisions by West Publishing . The rule gradually developed, case-by-case, as an extension of the judiciary's public policy of effective judicial administration (that is, in order to efficiently exercise the judicial power). The rule of binding precedent is generally justified today as a matter of public policy, first, as
18656-602: The Nuremberg Trials ), Allied authorities deeming the German Nazi Party , its paramilitary and police organizations, and numerous associations subsidiary to the Nazi Party "criminal organizations". The use of similar tactics by criminal organizations for protection rackets or to enforce a code of silence is usually not labeled terrorism though these same actions may be labeled terrorism when done by
18868-620: The Search Bloc , which would eventually lead to the dismantling of the Medellín Cartel and the death of Pablo Escobar. Because of the high levels of corruption, the Oficina de Envigado would do things to help the police and vice versa, to the point where the police and the cartel would sometimes do operations together against other criminals; additionally the leaders of La Oficina would often act as judges to mediate disputes between
19080-478: The Senate , regulations promulgated by the executive branch , and case law originating from the federal judiciary . The United States Code is the official compilation and codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in
19292-514: The Sinaloa , Jalisco New Generation , Juárez , Gulf , Los Zetas , and Beltrán-Leyva cartels as the six Mexican TCO with the greatest influence in drug trafficking to the United States. The United Nations Sustainable Development Goal 16 has a target to combat all forms of organized crime as part of the 2030 Agenda . In some countries, football hooliganism has been linked to organized crime. Various models have been proposed to describe
19504-754: The US Department of Justice 's Operation Family Secrets indicted 14 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. In 2005, a federal jury ordered Fasano to pay $ 500,000 under RICO for illegally helping
19716-1170: The black market can avoid, or at least receive early warnings about, investigation and prosecution. Activities of organized crime include loansharking of money at very high interest rates, blackmailing , assassination , backyard breeding , bombings , bookmaking and illegal gambling , confidence tricks , forging early release prison documents, copyright infringement , counterfeiting of intellectual property, metal theft , fencing , kidnapping , sex trafficking , smuggling , drug trafficking , arms trafficking , impersonating armored truck drivers, oil smuggling, antiquities smuggling , organ trafficking , contract killing , identity document forgery , money laundering , bribery , seduction , electoral fraud , insurance fraud , point shaving , price fixing , cargo theft via fictions pickup, illegal taxicab operation , illegal dumping of toxic waste, illegal trading of nuclear materials, military equipment smuggling, nuclear weapons smuggling, passport fraud , providing illegal immigration and cheap labor, people smuggling, trading in endangered species, and trafficking in human beings . Organized crime groups also do
19928-509: The elderly , animals , the disabled , the poor and the less fortunate. In many minority communities and poor neighborhoods, residents often distrust law enforcement, as a result the gang syndicates often take over to "police" their neighborhoods by committing acts against people who had committed crimes such as bullying , muggings, home invasions , hate crimes, stalking , sexual assault , domestic violence and child molestation , as well as mediating disputes between neighbors. The ways that
20140-552: The hit man has been generally consistent throughout the history of organized crime, whether that be due to the efficiency or expediency of hiring a professional assassin or the need to distance oneself from the commission of murderous acts (making it harder to prove criminal culpability). This may include the assassination of notable figures (public, private or criminal), once again dependent on authority, retribution or competition. Revenge killings, armed robberies, violent disputes over controlled territories and offenses against members of
20352-538: The military , money , foreign relations (especially international treaties), tariffs , intellectual property (specifically patents and copyrights ), and mail . Since the start of the 20th century, broad interpretations of the Commerce and Spending Clauses of the Constitution have enabled federal law to expand into areas like aviation , telecommunications , railroads , pharmaceuticals , antitrust , and trademarks . In some areas, like aviation and railroads,
20564-451: The rule of law . The contemporary form of the rule is descended from Justice Louis Brandeis 's "landmark dissent in 1932's Burnet v. Coronado Oil & Gas Co .", which "catalogued the Court's actual overruling practices in such a powerful manner that his attendant stare decisis analysis immediately assumed canonical authority." Here is a typical exposition of how public policy supports
20776-739: The American Jewish community to help defend against the Nazi bund, even going as far as attacking and killing Nazi sympathizers during bund meetings. Vigilante groups such as the Black Panther Party , White Panther Party , and Young Lords have been accused of committing crimes in order to fund their political activities. While protection racketeering is often seen as nothing more than extortion, criminal syndicates that participate in protection rackets have at times provided genuine protection against other criminals for their clients,
20988-461: The Constitution. Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. Thus U.S. law (especially the actual "living law" of contract , tort , property , probate , criminal and family law , experienced by citizens on a day-to-day basis) consists primarily of state law , which, while sometimes harmonized, can and does vary greatly from one state to
21200-512: The Deputy Chief's office at City Hall. The Order was an American far-right terrorist group active from September 1983 to December 1984. Their intention was to precipitate the collapse of the federal Government or Zionist Occupation Government (ZOG) which they perceived as illegitimate. Their intention was to do so via a campaign of bombings and assassinations. However, in order to fund their actions they turned to armoured car robbery and
21412-618: The Iran-Contra enterprise were behind the assassination of judge Robert Vance who was expected to reverse the dismissal. G. Robert Blakey stated it was the best-charged RICO case he had seen, and the litigation spawned a national fundraising effort. In 1990, Bruce Springsteen and Bonnie Raitt held a benefit concert to support the litigation. A 500-page affadaivit filed in December 1986 was also published as "The Shadow Government." On March 29, 1989, American financier Michael Milken
21624-582: The KKK. On one occasion FBI informant and mobster Gregory Scarpa kidnapped and tortured a local Klansmen into revealing the bodies of Civil rights workers who had been killed by the KKK. During World War II, America had a growing number of Nazi supporters that formed the German American Bund , which was known to be threatening to local Jewish people, as a result Jewish mobsters (such as Meyer Lansky , Bugsy Siegel and Jack Ruby ) were often hired by
21836-574: The Los Angeles Police Department exposing widespread criminal activity within the department's anti-gang unit called CRASH. 70 officers were initially implicated in planting evidence, dealing drugs, bank robbery, and unlawful killings and beatings. In 2000, Federal District judge William Rea ruled the RICO statute could be used to name the entire LAPD as a criminal enterprise for individuals suing it over police brutality and misconduct. Over 140 civil RICO lawsuits were filed against
22048-645: The Medellín Cartel's war against the Colombian government, both the Norte del Valle Cartel and Cali Cartel formed and operated a vigilante group called Los Pepes (which also comprised members of the Colombian government, police and former members of the Medellín Cartel) to bring about the downfall of Pablo Escobar; they did so by bombing the properties of the Medellín Cartel and kidnapping, torturing and killing Escobar's associates as well as working alongside
22260-526: 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." On December 1, 1977, the federal grand jury in the Eastern District of Louisiana indicted thirteen defendants, Robert J. L'Hoste & Company, Inc. for conspiracy and racketeering activity. After
22472-494: The RICO Act against MLB 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
22684-478: The RICO Act, Giuliani charged the heads of New York's so-called " Five Families " with extortion , labor racketeering, and murder for hire . Three Assistant United States Attorneys assisted in the trial: Michael Chertoff , the eventual second United States Secretary of Homeland Security and co-author of the Patriot Act ; John Savarese, later a partner at Wachtell Lipton Rosen & Katz ; and Gil Childers,
22896-837: The Southern District of New York employed the RICO Act on September 18, 1979, in United States v. Scotto . Scotto, who was convicted on charges of racketeering, accepting unlawful labor payments, and income tax evasion, headed the International Longshoremen's Association . During the 1980s and the 1990s, federal prosecutors used the law to bring charges against several Mafia figures. In 1985, United States Attorney Rudy Giuliani (who would be indicted under Georgia RICO laws in August 2023) indicted 11 organized crime figures in United States v. Anthony Salerno, et al , also known as Mafia Commission Trial . Using
23108-678: The US Attorney's office for the Eastern District of Arkansas used the RICO Act on October 2, 1978, to indict officers of Local 1292 of the Laborers International Union of North America. Special Assistant United States Attorney, Samuel A. Perroni, prosecuted the first labor union official trial that began on June 5, 1979. Perroni's successful prosecution used RICO to convict the defendants of conspiracy, murder for hire, perjury and embezzlement of union property in United States v. Allison, et al. The US Attorney's Office in
23320-466: The United Kingdom lacked a coherent court hierarchy prior to the end of the 19th century. Furthermore, English judges in the eighteenth century subscribed to now-obsolete natural law theories of law, by which law was believed to have an existence independent of what individual judges said. Judges saw themselves as merely declaring the law which had always theoretically existed, and not as making
23532-517: The United States Department of Labor, is the infiltrating, exploiting, and controlling of employee benefit plan, union, employer entity, or workforce that is carried out through illegal, violent, or fraudulent means for profit or personal benefit. Labor racketeering has developed since the 1930s, affecting national and international construction, mining, energy production and transportation sectors immensely. Activity has focused on
23744-455: The United States and served nine years behind bars. Tse has been compared in prominence to Joaquín "El Chapo" Guzmán and Pablo Escobar . The U.S. supply of heroin comes mainly from foreign sources which include Southeast Asia's Golden Triangle , Southwest Asia, and Latin America. Heroin comes in two forms. The first is its chemical base form which presents itself as brown and the second is
23956-532: The United States has been Cosa Nostra ( Italian-American Mafia ), but other transnational criminal organizations have also risen in prominence in recent decades. A 2012 article in a U.S. Department of Justice journal stated that: "Since the end of the Cold War, organized crime groups from Russia, China, Italy, Nigeria, and Japan have increased their international presence and worldwide networks or have become involved in more transnational criminal activities. Most of
24168-410: The United States provided by Hannigan, et al., marked an increase of 35% between 2002 and 2010. A distinctive gang culture underpins many, but not all, organized groups; this may develop through recruiting strategies, social learning processes in the corrective system experienced by youth, family or peer involvement in crime, and the coercive actions of criminal authority figures. The term "street gang"
24380-437: The United States, according to a report by UNODC . People smuggling is defined as "the facilitation, transportation, attempted transportation or illegal entry of a person or persons across an international border, in violation of one or more countries laws, either clandestinely or through deception, such as the use of fraudulent documents". The term is understood as and often used interchangeably with migrant smuggling, which
24592-463: The United States, the Organized Crime Control Act (1970) defines organized crime as "[t]he unlawful activities of [...] a highly organized, disciplined association [...]". Criminal activity as a structured process is referred to as racketeering . In the UK, police estimate that organized crime involves up to 38,000 people operating in 6,000 various groups. Historically, the largest organized crime force in
24804-406: The average American citizen is subject to the rules and regulations of several dozen different agencies at the federal, state, and local levels, depending upon one's current location and behavior. American lawyers draw a fundamental distinction between procedural law (which controls the procedure by which legal rights and duties are vindicated) and substantive law (the actual substance of law, which
25016-479: The bodies in trash or landfills, feeding the bodies to animals (such as pigs or rats ), destruction by industrial process (such as machinery, chemical bath, molten metal or a junked car), injection into the legitimate body disposal system (such as morgues, funeral homes, cemeteries, crematoriums, funeral pyres or cadaver donations) or covert killings at health care facilities, disguising as animal flesh (such as food waste or restaurant food), creating false evidence of
25228-595: The bodies of their victims on display as a form of psychological warfare against their enemies. Criminal syndicates often commit acts of vigilantism by enforcing laws, investigating certain criminal acts and punishing those who violate such rules. People who are often targeted by organized criminals tend to be individualistic criminals, people who committed crimes that are considered particularly heinous by society, people who committed wrongdoings against members or associates, rivals or terrorist groups. One reason why criminal groups might commit vigilantism in their neighborhoods
25440-452: 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
25652-405: The charges. For public welfare offenses where the state is punishing merely risky (as opposed to injurious) behavior, there is significant diversity across the various states. For example, punishments for drunk driving varied greatly prior to 1990. State laws dealing with drug crimes still vary widely, with some states treating possession of small amounts of drugs as a misdemeanor offense or as
25864-585: The circumstances of death and letting investigators dispose of the body, possibly obscuring identity, abandonment in a remote area where the body can degrade significantly, while exposure to elements (such as rain, wind, heat, etc.) as well as animal activity (such as consumption by scavengers ) can contaminate the crime scene or destroy evidence before being discovered, if ever, such as a wilderness area (such as national parks or nature reserves) or an abandoned area (such as an abandoned building, well or mine). However, there are also many instances of gangsters putting
26076-836: The civilian realm is also at risk, noting that the security breaches have already gone beyond stolen credit card numbers, and that potential targets can also include the electric power grid, trains, or the stock market. The term "computer virus" may be used as an overarching phrase to include all types of true viruses, malware , including computer worms , Trojan horses , most rootkits , spyware , dishonest adware and other malicious and unwanted software (though all are technically unique), and proves to be quite financially lucrative for criminal organizations, offering greater opportunities for fraud and extortion whilst increasing security, secrecy and anonymity. Worms may be utilized by organized crime groups to exploit security vulnerabilities (duplicating itself automatically across other computers
26288-473: The class. Another unique feature is the so-called American Rule under which parties generally bear their own attorneys' fees (as opposed to the English Rule of "loser pays"), though American legislators and courts have carved out numerous exceptions. Contract law covers obligations established by agreement (express or implied) between private parties. Generally, contract law in transactions involving
26500-405: The common law legal tradition of English law. Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder and general search warrants. As common law courts, U.S. courts have inherited the principle of stare decisis . American judges, like common law judges elsewhere, not only apply the law, they also make the law, to
26712-424: The consistent nature of these provides a stable financial basis for other areas of organized crime. Cyberwarfare refers to politically motivated hacking to conduct sabotage and espionage . It is a form of information warfare sometimes seen as analogous to conventional warfare although this analogy is controversial for both its accuracy and its political motivation. It has been defined as activities by
26924-399: The conspiracy and racketeering counts. In May 1979, prosecutor Mark L. Webb, Northern District of California, conducted RICO trial, United States v. Sam Bailey Gang . The successful prosecution used the RICO statute to allege that a gang of postal burglars and a Nevada fence collaborated criminally in an organized crime fashion. The case did not involve a Mafia crime family. Subsequently,
27136-487: The context of organized crime, both may serve as means through which other criminal activity may be successfully perpetrated or as the primary goal themselves. Email fraud , advance-fee fraud , romance scams , employment scams , and other phishing scams are the most common and most widely used forms of identity theft, though with the advent of social networking fake websites, accounts and other fraudulent or deceitful activity has become commonplace. Copyright infringement
27348-439: The continuation of their operations. Identity theft is a form of fraud or cheating of 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. Victims of identity theft (those whose identity has been assumed by the identity thief) can suffer adverse consequences if held accountable for
27560-473: The course of The Order's activities they had distributed millions of dollars to the wider far-right movement and Operation Clean Sweep used RICO to bring 14 leading members of the far-right to trial on charges of seditious conspiracy at Fort Smith , alleging their receipt of The Order's funds as connection to their attempt to overthrow the federal government. In 1986, the Christic Institute filed
27772-460: The courts' decisions establish doctrines that were not considered by the texts' drafters. This trend has been strongly evident in federal substantive due process and Commerce Clause decisions. Originalists and political conservatives, such as Associate Justice Antonin Scalia have criticized this trend as anti-democratic. Under the doctrine of Erie Railroad Co. v. Tompkins (1938), there
27984-542: The crimes committed in the United States are prosecuted and punished at the state level. Federal criminal law focuses on areas specifically relevant to the federal government like evading payment of federal income tax, mail theft, or physical attacks on federal officials, as well as interstate crimes like drug trafficking and wire fraud. All states have somewhat similar laws in regard to "higher crimes" (or felonies ), such as murder and rape , although penalties for these crimes may vary from state to state. Capital punishment
28196-862: The criminal gangs moved to other poorly controlled regions like the Balkans and Southern Italy, where the seeds were sown for the Sicilian Mafia - the linchpin of organized crime in the New World. While most of the conceptual frameworks used to model organized crime emphasize the role of actors or activities , computational approaches built on the foundations of data science and artificial intelligence are focusing on deriving new insights on organized crime from big data . For example, novel machine learning models have been applied to study and detect urban crime and online prostitution networks. Big data has also been used to develop online tools predicting
28408-465: The death penalty for the murder of Bonanno caporegime Gerlando Sciascia , that case severed to be tried separately), arson, extortion, loansharking, illegal gambling, and money laundering. After deliberating for five days, the jury found Massino guilty of all 11 counts on July 30, 2004. His sentencing was initially scheduled for October 12, and he was expected to receive a sentence of life imprisonment with no possibility of parole. The jury also approved
28620-412: The defendant(s) and the enterprise. Either the defendant(s): The US Supreme Court noted that a commentator had used the terms "prize", "instrument", "victim", or "perpetrator" for these four relationships. 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
28832-430: The defendants moved to dismiss the indictment for overbreadth and vagueness, the grand jury returned a superseding indictment on February 27, 1978, charging the same offenses and naming eleven defendants, including the appellants. The district court denied a motion to dismiss the superseding indictment, and the first RICO trial commenced on March 13, 1978. The jury convicted the four appellants and another corporation on both
29044-540: The department. In July 2001, US District Judge Gary A. Feess said that the plaintiffs did not have standing to sue the LAPD under RICO, because they were alleging personal injuries rather than economic or property damage. In 2001, Major League Baseball team owners voted to eliminate two teams , presumably the Minnesota Twins and Montreal Expos . In 2002, the former minority owners of the Expos filed charges under
29256-405: 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. The illegal acts forming
29468-422: The enterprise; in other words, the defendant(s) and the enterprise are not one and the same. A civil RICO action can be filed in state or federal court . Both the criminal and the civil components allow the recovery of treble damages (triple the amount of actual/compensatory damages). Although its primary intent was to deal with organized crime , Blakey said that Congress never intended it merely to apply to
29680-604: The entrepreneurial efforts of the group's members, their motivations and the environments in which they work. Opportunism is also a key factor – the organized criminal or criminal group is likely to frequently reorder the criminal associations they maintain, the types of crimes they perpetrate, and how they function in the public arena (recruitment, reputation, etc.) in order to ensure efficiency, capitalization and protection of their interests. Culture and ethnicity provide an environment where trust and communication between criminals can be efficient and secure. This may ultimately lead to
29892-554: The event of a guilty verdict. This provision prevented the owners of Mafia -related shell corporations from absconding with assets. 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 because it focuses on patterns of behavior as opposed to criminal acts. There must be one of four specified relationships between
30104-489: The eventual decision that the costs outweigh the benefits) and conflict theories. No ethnic group is more disposed to gang involvement than another, rather it is the status of being marginalized, alienated or rejected that makes some groups more vulnerable to gang formation, and this would also be accounted for in the effect of social exclusion , especially in terms of recruitment and retention. These may also be defined by age (typically youth) or peer group influences, and
30316-613: The exact order that they have been enacted. Public laws are incorporated into the United States Code , which is a codification of all general and permanent laws of the United States. The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives , and cumulative supplements are published annually. The U.S. Code is arranged by subject matter, and it shows
30528-412: The extent that their decisions in the cases before them become precedent for decisions in future cases. The actual substance of English law was formally "received" into the United States in several ways. First, all U.S. states except Louisiana have enacted " reception statutes " which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it
30740-607: The federal Constitution and the federal Judiciary Acts. However, it is universally accepted that the Founding Fathers of the United States , by vesting "judicial power" into the Supreme Court and the inferior federal courts in Article Three of the United States Constitution , thereby vested in them the implied judicial power of common law courts to formulate persuasive precedent ; this power
30952-450: The federal Senate. Normally, state supreme courts are the final interpreters of state constitutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of certiorari . State laws have dramatically diverged in the centuries since independence, to the extent that the United States cannot be regarded as one legal system as to
31164-439: The federal government has developed a comprehensive scheme that preempts virtually all state law, while in others, like family law, a relatively small number of federal statutes (generally covering interstate and international situations) interacts with a much larger body of state law. In areas like antitrust, trademark, and employment law , there are powerful laws at both the federal and state levels that coexist with each other. In
31376-662: The future with a threat of repetition. The Lucchese crime family was one of the " Five Families " that dominated organized crime activities in New York City. Prosecuting attorneys Gregory O'Connell and Charles Rose used RICO charges to break up the family over an 18-month period. Several members of the Latin Kings have been convicted of RICO offenses. RICO was instrumental in indicting members of The Cowboy Mafia from Texas, Tennessee and Florida. During 1977 and 1978, this group imported over 106 tons of marijuana. Using
31588-422: The gangs would punish such individuals could range from forced apologies, being threatened, being forced to return stolen objects, vandalizing property, arson, being forced to move , bombings , being assaulted or battered , kidnappings, false imprisonment , torture or being murdered. Some criminal syndicates have been known to hold their own "trials" for members of theirs who had been accused of wrongdoing;
31800-493: The general rigidity of their internal structures. They focus more on how the operations works, succeeds, sustains itself or avoids retribution, they are generally typified by: However, this model of operation has some flaws: While bureaucratic operations emphasize business processes and strongly authoritarian hierarchies, these are based on enforcing power relationships rather than an overlying aim of protectionism, sustainability or growth. An estimate on youth street gangs in
32012-400: The government. An illegal act by an officeholder constitutes political corruption only if the act is directly related to their official duties. Forms of corruption vary, but include bribery , extortion , cronyism , nepotism , patronage , graft , and embezzlement . While corruption may facilitate criminal enterprise such as drug trafficking , money laundering , and human trafficking , it
32224-690: The group were published: The Cowboy Mafia (2003) by Cauble's personal jet pilot Roy Graham; Catching the Katy (2017) by Barker Milford; and A Conspiracy Revealed by DEA agent Daniel Wedeman Sr. As a result of the RICO conviction, Cauble forfeited his 31% interest in Cauble Enterprises, including two Cutter Bill Western World stores, three Texas banks (Western State Bank in Denton, Dallas International Bank and South Main Bank of Houston), six ranches,
32436-408: The groups they form. Assaults are used for coercive measures, to "rough up" debtors, competition or recruits, in the commission of robberies , in connection to other property offenses, and as an expression of counter-cultural authority; violence is normalized within criminal organizations (in direct opposition to mainstream society) and the locations they control. Whilst the intensity of violence
32648-499: The importation of cheap or unfree labor , involvement with union and public officials ( political corruption ), and counterfeiting . Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality , is not considered political corruption. Neither are illegal acts by private persons or corporations not directly involved with
32860-432: The individuals desire or the corporations desire to increase profits. The cost of corporate crimes to United States taxpayers is about $ 500 billion. Note that some forms of corporate corruption may not actually be criminal if they are not specifically illegal under a given system of laws. For example, some jurisdictions allow insider trading . The different businesses that organized crime figures have been known to operate
33072-474: The insurgent groups were trying to steal land, kidnap family members, and extort money from the drug barons. As a result the drug lords of the Medellín Cartel formed a paramilitary vigilante group known as Muerte a Secuestradores ("Death to Kidnappers") to defend the cartel against the FARC and M-19 , even kidnapping and torturing the leader of M-19 before leaving him tied up in front of a police station. During
33284-409: The issue, but has signaled in dicta that it sides with this rule. Therefore, in those states, there is only one federal court that binds all state courts as to the interpretation of federal law and the federal Constitution: the U.S. Supreme Court itself. The fifty American states are separate sovereigns , with their own state constitutions , state governments , and state courts . All states have
33496-433: The latter are able to do in the absence of constitutional or statutory provisions replacing the common law. Only in a few narrow limited areas, like maritime law, has the Constitution expressly authorized the continuation of English common law at the federal level (meaning that in those areas federal courts can continue to make law as they see fit, subject to the limitations of stare decisis ). The other major implication of
33708-486: The law under the close supervision of the committee's chairman, Senator John L. McClellan . It was signed into law by US President Richard Nixon . Prosecutors in the 1970s used it to prosecute the Mafia as well as others who were actively engaged in organized crime. In later years, prosecutors have applied the law more broadly. Under RICO, a person who has committed "at least two acts of racketeering activity" drawn from
33920-428: The law. Therefore, a judge could reject another judge's opinion as simply an incorrect statement of the law, in the way that scientists regularly reject each other's conclusions as incorrect statements of the laws of science. In turn, according to Kozinski's analysis, the contemporary rule of binding precedent became possible in the U.S. in the nineteenth century only after the creation of a clear court hierarchy (under
34132-431: The legal economy. Launderers will also co-mingle illegal money with revenue made from businesses in order to further mask their illicit funds. Accurate figures for the amounts of criminal proceeds laundered are almost impossible to calculate, rough estimates have been made, but only give a sense of the scale of the problem and not quite how great the problem truly is. The United Nations Office on Drugs and Crime conducted
34344-737: The likelihood of criminals to participate in tax evasion. As most organized crime is perpetrated in the liminal state between legitimate and illegitimate markets, these economic factors must adjusted to ensure the optimal amount of taxation without promoting the practice of tax evasion. As with any other crime, technological advancements have made the commission of tax evasion easier, faster and more globalized. The ability for organized criminals to operate fraudulent financial accounts, utilize illicit offshore bank accounts, access tax havens or tax shelters , and operating goods smuggling syndicates to evade importation taxes help ensure financial sustainability, security from law enforcement, general anonymity and
34556-1139: The majority of types of law traditionally under state control, but must be regarded as 50 separate systems of tort law, family law, property law, contract law, criminal law, and so on. Most cases are litigated in state courts and involve claims and defenses under state laws. In a 2018 report, the National Center for State Courts ' Court Statistics Project found that state trial courts received 83.8 million newly filed cases in 2018, which consisted of 44.4 million traffic cases, 17.0 million criminal cases, 16.4 million civil cases, 4.7 million domestic relations cases, and 1.2 million juvenile cases. In 2018, state appellate courts received 234,000 new cases. By way of comparison, all federal district courts in 2016 together received only about 274,552 new civil cases, 79,787 new criminal cases, and 833,515 bankruptcy cases, while federal appellate courts received 53,649 new cases. States have delegated lawmaking powers to thousands of agencies , townships , counties , cities , and special districts . And all
34768-406: The matter. For example, in failed states that can no longer perform basic functions such as education, security, or governance (usually due to fractious violence or to extreme poverty), organized crime, governance, and war sometimes complement each other. The term " oligarchy " has been used to describe democratic countries whose political, social, and economic institutions come under the control of
34980-406: The mid-19th century. Lawyers and judges used English legal materials to fill the gap. Citations to English decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people. The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910. By 1879 one of the delegates to
35192-490: The middle class; Cloward and Ohlin (1960): blocked opportunity, but unequal distribution of opportunities lead to creating different types of gangs (that is, some focused on robbery and property theft, some on fighting and conflict and some were retreatists focusing on drug taking); Spergel (1966) was one of the first criminologists to focus on evidence-based practice rather than intuition into gang life and culture. Participation in gang-related events during adolescence perpetuate
35404-544: The money's illegal origin. This allows for the expansion of OC groups, as the 'laundry' or 'wash cycle' operates to cover the money trail and convert proceeds of crime into usable assets. Money laundering is bad for international and domestic trade, banking reputations and for effective governments and rule of law. This is due to the methods used to hide the proceeds of crime. These methods include, but are not limited to: buying easily transported values, transfer pricing, and using "underground banks," as well as infiltrating firms in
35616-542: The most famous is the Miranda warning . The writ of habeas corpus is often used by suspects and convicts to challenge their detention, while the Third Enforcement Act and Bivens actions are used by suspects to recover tort damages for police brutality. The law of civil procedure governs process in all judicial proceedings involving lawsuits between private parties. Traditional common law pleading
35828-664: The most significant states that have not adopted the FRCP. Furthermore, all three states continue to maintain most of their civil procedure laws in the form of codified statutes enacted by the state legislature, as opposed to court rules promulgated by the state supreme court, on the ground that the latter are undemocratic. But certain key portions of their civil procedure laws have been modified by their legislatures to bring them closer to federal civil procedure. Generally, American civil procedure has several notable features, including extensive pretrial discovery , heavy reliance on live testimony obtained at deposition or elicited in front of
36040-664: The next. Even in areas governed by federal law, state law is often supplemented, rather than preempted. At both the federal and state levels, with the exception of the legal system of Louisiana , the law of the United States is largely derived from the common law system of English law , which was in force in British America at the time of the American Revolutionary War . However, American law has diverged greatly from its English ancestor both in terms of substance and procedure and has incorporated
36252-416: The perennial inability of legislatures in the U.S. to enact statutes that would actually force law enforcement officers to respect the constitutional rights of criminal suspects and convicts, the federal judiciary gradually developed the exclusionary rule as a method to enforce such rights. In turn, the exclusionary rule spawned a family of judge-made remedies for the abuse of law enforcement powers, of which
36464-606: The permanence or consistency of their criminal activity. These groups also form their own symbolic identity or public representation which are recognizable by the community at large (include colors, symbols, patches, flags and tattoos). Research has focused on whether the gangs have formal structures, clear hierarchies and leadership in comparison with adult groups, and whether they are rational in pursuit of their goals, though positions on structures, hierarchies and defined roles are conflicting. Some studied street gangs involved in drug dealing - finding that their structure and behavior had
36676-406: The perpetrator's actions, as can organizations and individuals who are defrauded by the identity thief, and to that extent are also victims. Internet fraud refers to the actual use of Internet services to present fraudulent solicitations to prospective victims, to conduct fraudulent transactions, or to transmit the proceeds of fraud to financial institutions or to others connected with the scheme. In
36888-591: The presence of reception statutes, much of contemporary American common law has diverged significantly from English common law. Although the courts of the various Commonwealth nations are often influenced by each other's rulings, American courts rarely follow post-Revolution precedents from England or the British Commonwealth. Early on, American courts, even after the Revolution, often did cite contemporary English cases, because appellate decisions from many American courts were not regularly reported until
37100-567: The present status of laws (with amendments already incorporated in the text) that have been amended on one or more occasions. Congress often enacts statutes that grant broad rulemaking authority to federal agencies . Often, Congress is simply too gridlocked to draft detailed statutes that explain how the agency should react to every possible situation, or Congress believes the agency's technical specialists are best equipped to deal with particular fact situations as they arise. Therefore, federal agencies are authorized to promulgate regulations. Under
37312-544: The principle of Chevron deference, regulations normally carry the force of law as long as they are based on a reasonable interpretation of the relevant statutes. Regulations are adopted pursuant to the Administrative Procedure Act (APA). Regulations are first proposed and published in the Federal Register (FR or Fed. Reg.) and subject to a public comment period. Eventually, after a period for public comment and revisions based on comments received,
37524-523: 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." In 1980, Louisiana Commissioner of Agriculture and Forestry Gil Dozier
37736-460: The prosecutors' recommended $ 10 million forfeiture of the proceeds of his reign as Bonanno boss on the day of the verdict. Immediately after his July 30 conviction, as court was adjourned, Massino requested a meeting with Judge Garaufis, where he made his first offer to cooperate. He did so in hopes of sparing his life; he was facing the death penalty if found guilty of Sciascia's murder. Indeed, one of John Ashcroft 's final acts as Attorney General
37948-515: The public must also be considered when looking at the dynamic between different criminal organizations and their (at times) conflicting needs. After killing their victims, the gangsters often try to destroy evidence by getting rid of the victims remains in such a way as to prevent, hinder, or delay the discovery of the body, to prevent identification of the body, or to prevent autopsy. The different ways that organized criminals have been known to dispose of dead bodies include but are not limited to hiding
38160-499: The punishments that the accused member would face if "found guilty" would vary depending on the offense. In addition to what is considered traditional organized crime involving direct crimes of fraud swindles, scams, racketeering and other acts motivated for the accumulation of monetary gain, there is also non-traditional organized crime which is engaged in for political or ideological gain or acceptance. Such crime groups are often labelled terrorist groups or narcoterrorists . There
38372-494: The reason for this is because the criminal organization would want the business of their clients to do better so that the gang can demand even more protection money, additionally if the gang has enough knowledge of the local fencers , they may even be able to track down and retrieve any objects that were stolen from the business owner, to further help their clients the gang may also force out, disrupt, vandalize, steal from or shutdown competing businesses for their clients. In Colombia
38584-580: The relevant state law is irrational or just bad public policy. Under Erie , such federal deference to state law applies only in one direction: state courts are not bound by federal interpretations of state law. Similarly, state courts are also not bound by most federal interpretations of federal law. In the vast majority of state courts, interpretations of federal law from federal courts of appeals and district courts can be cited as persuasive authority, but state courts are not bound by those interpretations. The U.S. Supreme Court has never squarely addressed
38796-479: 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 under 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
39008-473: The rest were unpublished and bound only the parties to each case. As federal judge Alex Kozinski has pointed out, binding precedent as we know it today simply did not exist at the time the Constitution was framed. Judicial decisions were not consistently, accurately, and faithfully reported on both sides of the Atlantic (reporters often simply rewrote or failed to publish decisions which they disliked), and
39220-1356: The risk for an individual to be a victim of online sex trade or getting drawn into online sex work. In addition, data from Twitter and Google Trends have been used to study the public perceptions of organized crime. Organized crime groups provide a range of illegal services and goods. Organized crime often victimizes businesses through the use of extortion or theft and fraud activities like hijacking cargo trucks and ships, robbing goods, committing bankruptcy fraud (also known as "bust-out"), insurance fraud or stock fraud (insider trading). Organized crime groups also victimize individuals by car theft (either for dismantling at "chop shops" or for export), art theft , Metal theft , bank robbery , burglary, jewelry and gems theft and heists, shoplifting , computer hacking , credit card fraud, economic espionage , embezzlement , identity theft , and securities fraud (" pump and dump " scam). Some organized crime groups defraud national, state, or local governments by bid rigging public projects, counterfeiting money, smuggling or manufacturing untaxed alcohol ( rum-running ) or cigarettes ( buttlegging ), and providing immigrant workers to avoid taxes. Organized crime groups seek out corrupt public officials in executive, law enforcement, and judicial roles so that their criminal rackets and activities on
39432-453: The rule of stare decisis . This is where the act of deciding a case becomes a limited form of lawmaking in itself, in that an appellate court's rulings will thereby bind itself and lower courts in future cases (and therefore also implicitly binds all persons within the court's jurisdiction). Prior to a major change to federal court rules in 2007, about one-fifth of federal appellate cases were published and thereby became binding precedents, while
39644-422: The rule of binding precedent in a 2008 majority opinion signed by Justice Breyer : Justice Brandeis once observed that "in most matters it is more important that the applicable rule of law be settled than that it be settled right." Burnet v. Coronado Oil & Gas Co. [...] To overturn a decision settling one such matter simply because we might believe that decision is no longer "right" would inevitably reflect
39856-609: The sale of goods has become highly standardized nationwide as a result of the widespread adoption of the Uniform Commercial Code. However, there is still significant diversity in the interpretation of other kinds of contracts, depending upon the extent to which a given state has codified its common law of contracts or adopted portions of the Restatement (Second) of Contracts . Parties are permitted to agree to arbitrate disputes arising from their contracts. Under
40068-415: The security of the public, and other psycho-social factors. Murder has evolved from the honor and vengeance killings of the yakuza or Sicilian mafia which placed large physical and symbolic importance on the act of murder, its purposes and consequences, to a much less discriminate form of expressing power, enforcing criminal authority, achieving retribution or eliminating competition. The role of
40280-576: The shrimp boats Agnes Pauline , Monkey , Jubilee , and Bayou Blues , the group made six trips from Colombia to Texas. The group was arrested in 1978 after the federal government seized the Agnes Pauline when they were unloading their cargo in Port Arthur, Texas . In 1979, twenty-six members of the smuggling ring were convicted. Charles "Muscles" Foster, a ranch foreman and the head of the operation, pleaded innocent by reason of insanity and
40492-448: The state constitutions, statutes and regulations (as well as all the ordinances and regulations promulgated by local entities) are subject to judicial interpretation like their federal counterparts. It is common for residents of major U.S. metropolitan areas to live under six or more layers of special districts as well as a town or city, and a county or township (in addition to the federal and state governments). Thus, at any given time,
40704-563: The streets of Midtown Manhattan on December 16, 1985. As of 2014, 33 states as well as Puerto Rico and the United States Virgin Islands had adopted state RICO laws to cover state offenses under a similar scheme. Under the law, the meaning of racketeering activity is set out at 18 U.S.C. § 1961 . As currently amended it includes: Pattern of racketeering activity requires at least two acts of racketeering activity, one of which occurred after
40916-403: The structure of criminal organizations. Patron–client networks are defined by fluid interactions. They produce crime groups that operate as smaller units within the overall network, and as such tend towards valuing significant others, familiarity of social and economic environments, or tradition. These networks are usually composed of: Bureaucratic/corporate organized crime groups are defined by
41128-482: The supply and demand), as is the case in arms, sex and drug trafficking. The entrepreneurial model looks at either the individual criminal or a smaller group of organized criminals, that capitalize off the more fluid 'group-association' of contemporary organized crime. This model conforms to social learning theory or differential association in that there are clear associations and interaction between criminals where knowledge may be shared, or values enforced, however, it
41340-433: The surrounding terrain and local wildlife might serve to deter or impede either investigative authorities or rival gangs if the location of the clandestine compound were revealed. While usually thought of as an urban issue, drug trafficking is also known to be a problem in both suburban and rural areas as well. Human trafficking for the purpose of sexual exploitation is a major cause of contemporary sexual slavery and
41552-412: The territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the presence of Indian reservations ), states are the plenary sovereigns , each with their own constitution , while the federal sovereign possesses only the limited supreme authority enumerated in
41764-409: The traffickers stationed in these remote criminal settlements, sustain themselves with a combination of survival skills and with food, supplies and workers being brought to them by associates. The reason that traffickers have been known to establish such remote compounds is so that the surrounding area can help to provide varying degrees of natural cover. Additionally the traffickers may also hope, that
41976-542: The usual films, music, literature, games and other electrical appliances, software and fashion. A number of qualitative changes in the trade of counterfeit products: The economic effects of organized crime have been approached from a number of both theoretical and empirical positions, however the nature of such activity allows for misrepresentation. The level of taxation taken by a nation-state, rates of unemployment, mean household incomes and level of satisfaction with government and other economic factors all contribute to
42188-411: The various different drug gangs throughout Colombia, which according to some helped prevented a lot of disputes from turning violent. On Somalia coastline many people rely on fishing for economic survival, because of this Somali pirates are often known to attack foreign vessels who partake in illegal fishing and overfishing in their waters and vessels that illegally dump waste into their waters. As
42400-506: The world's major international organized crime groups are present in the United States." The US Drug Enforcement Administration 's 2017 National Drug Threat Assessment classified Mexican transnational criminal organizations (TCOs) as the "greatest criminal drug threat to the United States," citing their dominance "over large regions in Mexico used for the cultivation, production, importation, and transportation of illicit drugs" and identifying
42612-418: The world. People smuggling generally takes place with the consent of the person or persons being smuggled, and common reasons for individuals seeking to be smuggled include employment and economic opportunity, personal or familial betterment, and escape from persecution or conflict. The number of slaves today remains as high as 12 million to 27 million. This is probably the smallest proportion of slaves to
42824-507: Was acquitted in 1980. In August 1981, Rex Cauble was indicted by a grand jury, as the government believed he was the financial backer of the smugglers. Foster was the foreman for his ranches, and the drugs were transported to Cauble's ranches throughout Texas. Cauble was a multi-millionaire, the former chairman of the Texas Aeronautics Commission, and an honorary Texas Ranger . He was also the owner of Cutter Bill ,
43036-488: Was charged with violating both Hobbs and RICO laws. The Baton Rouge -based United States District Court for the Middle District of Louisiana accused Dozier of compelling companies doing business with his department to make campaign contributions on his behalf. On September 23, 1980, a jury convicted Dozier of five counts of extortion and racketeering . The judge sentenced Dozier to 10 years imprisonment which
43248-409: 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
43460-447: Was eventually defeated and dissolved by the vigilantes' actions but they ended up forming their own cartel called Los Viagras , which has links with the Jalisco New Generation Cartel . The Minuteman Project is a far-right paramilitary organization that seeks to prevent illegal immigration across the US-Mexico border ; however, doing so is detrimental to gangs like Mara Salvatrucha , who make money through people smuggling , and as
43672-428: Was eventually sent to arbitration , where the arbiters ruled in favor of Major League Baseball, permitting the move to Washington to take place. Bonanno crime family boss Joseph Massino 's trial began on May 24, 2004, with judge Nicholas Garaufis presiding and Greg D. Andres and Robert Henoch heading the prosecution. Massino faced 11 RICO counts for seven murders (due to the prospect of prosecutors seeking
43884-472: 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
44096-431: Was later upgraded to 18 years when other offenses were determined. A $ 25,000 fine was suspended pending appeal, and Dozier remained free on bail . The United States Court of Appeals for the Fifth Circuit in New Orleans upheld Dozier's conviction. He eventually served nearly four years until a presidential commutation freed him in 1986. Around June 1984, the Key West Police Department located in Monroe County , Florida,
44308-547: Was relatively low cohesion, few shared goals and little organizational structure. Shared norms, value and loyalties were low, structures "chaotic", little role differentiation or clear distribution of labor. Similarly, the use of violence does not conform to the principles behind protection rackets, political intimidation and drug trafficking activities employed by those adult groups. In many cases gang members graduate from youth gangs to highly developed OC groups, with some already in contact with such syndicates and through this we see
44520-496: Was replaced by code pleading in 27 states after New York enacted the Field Code in 1850 and code pleading in turn was subsequently replaced again in most states by modern notice pleading during the 20th century. The old English division between common law and equity courts was abolished in the federal courts by the adoption of the Federal Rules of Civil Procedure in 1938; it has also been independently abolished by legislative acts in nearly all states. The Delaware Court of Chancery
44732-499: Was to order federal prosecutors to seek the death penalty for Massino. Massino thus stood to be the first Mafia boss to be executed for his crimes, and the first mob boss to face the death penalty since Lepke Buchalter was executed in 1944. Massino was the first sitting boss of a New York crime family to turn state's evidence, and the second in the history of the American Mafia to do so ( Philadelphia crime family boss Ralph Natale had flipped in 1999 when facing drug charges). In 2005,
44944-449: Was widely accepted, understood, and recognized by the Founding Fathers at the time the Constitution was ratified. Several legal scholars have argued that the federal judicial power to decide " cases or controversies " necessarily includes the power to decide the precedential effect of those cases and controversies. The difficult question is whether federal judicial power extends to formulating binding precedent through strict adherence to
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