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freshwest

(53,661 posts)
54. Since traditional mafia revenue from gambling, etc. businesses are legal, it seems pointless. OTOH:
Sun Jan 6, 2013, 12:40 AM
Jan 2013

Last edited Sun Jan 6, 2013, 01:37 AM - Edit history (2)

The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. The RICO Act focuses specifically on racketeering, and it allows for the leaders of a syndicate to be tried for the crimes which they ordered others to do or assisted them, closing a perceived loophole that allowed someone who told a man to, for example, murder, to be exempt from the trial because he did not actually do it.

RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970 (Pub.L. 91-452, 84 Stat. 922, enacted October 15, 1970). RICO is codified as Chapter 96 of Title 18 of the United States Code, 18 U.S.C. § 1961–1968. While its original use in the 1970s was to prosecute the Mafia as well as others who were actively engaged in organized crime, its later application has been more widespread.

Under RICO, a person who is a member of an enterprise that has committed any two of 35 crimes—27 federal crimes and 8 state crimes—within a 10-year period can be charged with racketeering. Those found guilty of racketeering can be fined up to $25,000 and sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through a pattern of "racketeering activity." RICO also permits a private individual harmed by the actions of such an enterprise to file a civil suit; if successful, the individual can collect treble damages (damages in triple the amount of actual/compensatory damages).

When the U.S. Attorney decides to indict someone under RICO, he or she has the option of seeking a pre-trial restraining order or injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond. This provision was placed in the law because the owners of Mafia-related shell corporations often absconded with the assets. An injunction and/or performance bond ensures that there is something to seize in the event of a guilty verdict.

In many cases, the threat of a RICO indictment can force defendants to plead guilty to lesser charges, in part because the seizure of assets would make it difficult to pay a defense attorney. Despite its harsh provisions, a RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts.[4]

There is also a provision for private parties to sue. A "person damaged in his business or property" can sue one or more "racketeers". The plaintiff must prove the existence of an "enterprise". The defendant(s) are not the enterprise; in other words, the defendant(s) and the enterprise are not one and the same. There must be one of four specified relationships between the defendant(s) and the enterprise: either the defendant(s) invested the proceeds of the pattern of racketeering activity into the enterprise; or the defendant(s) acquired or maintained an interest in, or control over, the enterprise through the pattern of racketeering activity; or the defendant(s) conducted or participated in the affairs of the enterprise "through" the pattern of racketeering activity; or the defendant(s) conspired to do one of the above. In essence, the enterprise is the illegal device of the racketeers. A civil RICO action, like many lawsuits based on federal law, can be filed in state or federal court.[5]

Both the federal and civil components allow for the recovery of treble damages.

Although its primary intent was to deal with organized crime, Blakey said that Congress never intended it to merely apply to the Mob. He once told Time, "We don't want one set of rules for people whose collars are blue or whose names end in vowels, and another set for those whose collars are white and have Ivy League diplomas."[4]
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I don't know which of these would apply, since this is not a financial crime, but some of it may:

Under the law, the meaning of racketeering activity is set out at 18 U.S.C. § 1961. As currently amended it includes:

* Any violation of state statutes against gambling, murder, kidnapping, extortion, arson, robbery, bribery, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in the Controlled Substances Act);
* Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and several other offenses covered under the Federal criminal code (Title 18);


Closest thing to this that I can find is this:

Catholic sex abuse cases

In some jurisdictions, RICO suits have been filed against Catholic dioceses, using racketeering laws to prosecute the highers-up in the episcopacy for abuses committed by those under their authority. A Cleveland grand jury cleared two bishops of racketeering charges, finding that their mishandling of sex abuse claims did not amount to criminal racketeering. Certain lawyers and abuse advocates[who?] have openly wondered why a similar suit was not filed against archbishop Bernard Law, who escaped prosecution by going into exile in Vatican City.[9][10]

Although a lot of it seems to be financial crimes, here is something that might somehow apply, as it is not about money here, for the most part:

Pro-life activists


RICO laws were successfully cited in NOW v. Scheidler, 510 U.S. 249, 114 S. Ct. 798, 127 L.Ed. 2d 99 (1994), a suit in which certain parties, including the National Organization for Women, sought damages and an injunction against pro-life activists who physically block access to abortion clinics. The Court held that a RICO enterprise does not need an economic motive, and that the Pro-Life Action Network could therefore qualify as a RICO enterprise. The Court remanded for consideration of whether PLAN committed the requisite acts in a pattern of racketeering activity.
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http://en.wikipedia.org/wiki/RICO

I would like to see these people bankrupted and lose all their property and assets at they very least. But I'm not an attorney and our outrage at the conduct of the prosecutor, coaches and the rest may or may not yield much.

I appreciate Anonymous and Occupy going to get more details. The Apartment set up may qualify as a money making enterprise for pornography. What do you think?
Incredible rightsideout Jan 2013 #1
If there really is such a place...who paid for it? ..all hell is going to break loose..nt Stuart G Jan 2013 #3
One of their boosters. proud2BlibKansan Jan 2013 #9
I was thinking the same thing rightsideout Jan 2013 #24
yes, according to reports, one of the NINETEEN football coaches (NINETEEN, for a high school niyad Jan 2013 #14
That was my thought when I read it too. Curmudgeoness Jan 2013 #27
The coaches are their "educators" don't you know! Coyotl Jan 2013 #39
According to the locallinks article above caseymoz Jan 2013 #51
my initial reaction, also. secondwind Jan 2013 #44
That is an insane amount of coaches Marrah_G Jan 2013 #50
I'm sure that most of the Jenoch Jan 2013 #105
ahhh...... bad on the head coach then, he should know better. Marrah_G Jan 2013 #120
A lot of them are probably volunteers. caseymoz Jan 2013 #131
you must have to be demonic to be a coach of a sport nowadays roguevalley Jan 2013 #31
That seems like a bit of an overstatement, don't you think? Comrade Grumpy Jan 2013 #86
it never seems to be when people discuss priests. football gets a pass roguevalley Jan 2013 #130
There are over 16,000 high school football teams in the US playing 8-man to 11-man football.... OldDem2012 Jan 2013 #122
utter nonsense. to you. Everyone is quick to brand all priests etc as roguevalley Jan 2013 #129
Let's presume that all coaches and priests caseymoz Jan 2013 #132
Hmmm. Have you thought about treatment for anger management issues?..... OldDem2012 Jan 2013 #133
The thing that gets me about this coach who apparently didn't like what they players were doing: deutsey Jan 2013 #118
If this is true and it most likely is... Kalidurga Jan 2013 #2
+1000 smirkymonkey Jan 2013 #107
Anonymous hacked email of guy paying for the apartment patriotboy Jan 2013 #4
And here is that website: proud2BlibKansan Jan 2013 #7
so I read the disclaimer on the home page--so Anonymous is a bunch of terrorists, but niyad Jan 2013 #13
This guy's delusional. proud2BlibKansan Jan 2013 #16
Is he going to sue? caseymoz Jan 2013 #57
What an interesting definition of "terrorist" lolly Jan 2013 #58
I bet he's terrifed. He's just gone viral. nt caseymoz Jan 2013 #65
Actually, he probably isn't yet lolly Jan 2013 #83
Oh!! Thats who was paying for it I didn't know that. ArnoldLayne Jan 2013 #20
^^^ This ^^^ Agschmid Jan 2013 #42
I just wanted to add Jane Doe remembers going to meet ArnoldLayne Jan 2013 #5
thank you, that explains the remarks about crossing state lines and kidnapping. niyad Jan 2013 #18
So, some of the criminal acts took place in West Virginia. Coyotl Jan 2013 #40
Or make it federal. caseymoz Jan 2013 #61
Yes I believe some occured in West Virginia before ArnoldLayne Jan 2013 #74
Yes, they dumped her unconscious on her parents front lawn caseymoz Jan 2013 #59
I can't help but wonder how they feel about their own grandmothers, mothers, aunts, sisters etc. :-( Raine Jan 2013 #94
I'm guessing that they wouldn't see any connection. caseymoz Jan 2013 #101
"That's how I met your mom son...." TeamPooka Jan 2013 #113
What sickening little shits. smirkymonkey Jan 2013 #109
This is such a horrific story proud2BlibKansan Jan 2013 #6
Thank you n/t ismnotwasm Jan 2013 #8
the coach doesn't call the cops? BainsBane Jan 2013 #10
No he just told them to be careful, just behave and would not allow ArnoldLayne Jan 2013 #26
I keep thinking of the Penn State Case....look at what the law says in PA for example regarding the Pachamama Jan 2013 #89
I was sitting here reading the OP and I just about fell off my chair when I read that part... truth2power Jan 2013 #29
hear, hear BainsBane Jan 2013 #30
The sheriff should be locked up, not run out, if all this is true. Coyotl Jan 2013 #46
Along with the booster/apartment owner lolly Jan 2013 #60
Why call the cops? defacto7 Jan 2013 #32
You don't understand what you are saying BainsBane Jan 2013 #38
The point is that the sheriff seemed more than happy to participate in the cover up GObamaGO Jan 2013 #56
Let's say the coach was horrified and wanted to do something.... TeamPooka Jan 2013 #75
It would have spared himself future prosecution BainsBane Jan 2013 #84
I agree. He should have taken the girl from the boys right there and sheltered her and call TeamPooka Jan 2013 #96
Sparing himself future prosecution is a good point, defacto7 Jan 2013 #115
I actually misread your first post BainsBane Jan 2013 #116
her parents, a doctor since she was sick, an adult woman that you trust.... you can use her phone bettyellen Jan 2013 #108
let's remember this is a coach the teens thought might be cool with them... TeamPooka Jan 2013 #112
Good point. nt historylovr Jan 2013 #125
I didn't think I could be any more sickened than I already am over this, but I was wrong. niyad Jan 2013 #11
The more information that comes out the more arthritisR_US Jan 2013 #12
No offense meant at all, but: Dash87 Jan 2013 #15
Videos don't lie proud2BlibKansan Jan 2013 #17
There's a video of the players going to the coach's house? Dash87 Jan 2013 #21
there is video of the actual rape. uncle ray Jan 2013 #124
He should be removed for "gross incompetence." caseymoz Jan 2013 #127
yep the video is the evidence lovuian Jan 2013 #23
I think we crossed into RICO territory nadinbrzezinski Jan 2013 #19
At least conspiracy to obstruct justice. Coyotl Jan 2013 #47
If they crossed state lines, it's in the FBI's territory tavalon Jan 2013 #53
And they did. Dumping her in WV nt caseymoz Jan 2013 #66
Good because that means it doesn't land in the local and corrupt sherrif's office tavalon Jan 2013 #81
Which link por post is that? I hadn't read that part. TIA. freshwest Jan 2013 #92
localleaks caseymoz Jan 2013 #98
Yes, they crossed a state line returning her. Still counts, I hope. freshwest Jan 2013 #100
i had heard they were first charged adult and kidnapping. kidnapping dropped and changed to seabeyond Jan 2013 #104
Kidnaping someone across state lines is a federal offense. freshwest Jan 2013 #91
I'm glad of that tavalon Jan 2013 #121
Since traditional mafia revenue from gambling, etc. businesses are legal, it seems pointless. OTOH: freshwest Jan 2013 #54
This message was self-deleted by its author ArnoldLayne Jan 2013 #63
the feds son got in trouble for something and the sheriff got him off,... or something? i have seabeyond Jan 2013 #67
That was it and the Pros. Attorney was character witness ArnoldLayne Jan 2013 #71
This message was self-deleted by its author freshwest Jan 2013 #97
She's the local county prosecutor, not U.S. pinboy3niner Jan 2013 #103
Post removed Post removed Jan 2013 #72
This message was self-deleted by its author ArnoldLayne Jan 2013 #80
Good, cause this can't stay local nadinbrzezinski Jan 2013 #77
It gets more and more disgusting as more bits and pieces come to light loyalsister Jan 2013 #22
The Spur Posse lolly Jan 2013 #64
yikes loyalsister Jan 2013 #70
Yes, I think it was in the Long Beach area. Over the years I've tried to find details on it but Raine Jan 2013 #95
In Lakewood. Wiki has a page on the Spur Posse... pinboy3niner Jan 2013 #99
THANKS! nt Raine Jan 2013 #102
the date rape drug is serious and I see more and more kids lovuian Jan 2013 #25
Damn, y'all! They gonna hafta throw the WHOLE DAMN TOWN in jail at this point! agentS Jan 2013 #28
This message was self-deleted by its author ArnoldLayne Jan 2013 #34
Question... ReRe Jan 2013 #33
Follow this link from up thread: Coyotl Jan 2013 #49
Thanks! ReRe Jan 2013 #62
there is something terribly wrong with this country, isn't there No Compromise Jan 2013 #35
I sometimes wonder why we aren't reacting like the women in India. smirkymonkey Jan 2013 #110
It's like a Twilight Zone episode about a town full of evil people. eShirl Jan 2013 #36
Reading all this reminds me of how much a spiderweb crime is riverbendviewgal Jan 2013 #37
Since someone mentioned his name yes it is Jim Parks ArnoldLayne Jan 2013 #41
From my experience there's a lot of small towns this corrupt Fumesucker Jan 2013 #43
Yet Sheriff ABubba says "no more arrests" Tsiyu Jan 2013 #45
This message was self-deleted by its author caseymoz Jan 2013 #48
Just like Penn State. caseymoz Jan 2013 #52
I was raised in a small town that was very big on the high school football team Major Nikon Jan 2013 #73
Steubenville has a history of corruption starroute Jan 2013 #55
Yes Traci Lords was raped as a child went into porn ArnoldLayne Jan 2013 #68
The Whole shooting match MrCheex Jan 2013 #69
Welcome to DU! Insider perspectives are always appreciated here. eridani Jan 2013 #78
thanks MrCheex Jan 2013 #87
Is it steroids or some other doping? BrotherIvan Jan 2013 #126
The Post Gazette's story on this was below the fold front page... MrMickeysMom Jan 2013 #79
thanks MrCheex Jan 2013 #85
GHB MrCheex Jan 2013 #135
welcome to DU niyad Jan 2013 #88
are the local limbaugh talk radio station blowhards defending them? certainot Jan 2013 #76
No he is blaming the Liberal Justice System. Its Obamas ArnoldLayne Jan 2013 #82
Now the YourAnonNews Twitter account is taunting Sheriff Abdalla starroute Jan 2013 #90
Get 'em Anonymous! TeamPooka Jan 2013 #114
OMG: "Oh and Sheriff... we know about that weakness for young men." Coyotl Jan 2013 #117
thumbs up. nt seabeyond Jan 2013 #123
Wow. Just horrific. historylovr Jan 2013 #93
Just sick overthehillvet Jan 2013 #106
+1000, Agree with you completely. Welcome to DU! smirkymonkey Jan 2013 #111
so now what? Takket Jan 2013 #119
the Ohio AG was put on it. And their investigation is ongoing. bettyellen Jan 2013 #128
The football/athlete culture in this country is appalling. WI_DEM Jan 2013 #134
These aren't "teenage boys," they're sociopathic monsters JessicaF Mar 2013 #136
Latest Discussions»General Discussion»"The Rape Crew"...»Reply #54