Some of the most powerful tools in the hands of government prosecutors–as well as private citizens seeking justice–are the remedies available under the federal RICO statutes. The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as RICO, is a U.S. federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal enterprise.
While the primary purpose behind RICO was to take down the Mafia and other organized crime syndicates, its actual application has been far more diverse and widespread. 20 years ago I represented a group of independent appliance repairmen who were sued under RICO by the Whirlpool Corporation. What was their offense? Stockpiling appliance parts and selling them on the black market well below market price. Seems innocuous, but a Judge found that RICO actually applied to our case.
How then could this be applied to an organization such as #OccupyWallStreet, a nationwide organization composed of, some say, countless criminal opportunists posing as protestors?
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, and business owners harmed by the actions of such an enterprise to file a civil suit; if successful, the individual can collect treble damages–or three times their actual damages.
So what types of crimes need to be committed to trigger a RICO prosecution? Robbery, theft and obstruction of justice all qualify. Murder fits the bill. The first three have been committed in rampant numbers by occupiers nationwide. There has been at least one murder allegedly committed by an occupier in Oakland.
The current national police blotter listing the offenses, particularly the violent offenses allegedly committed by #OWS “protesters” is staggering. Assaults, drug offenses, robberies, incidents of indecent exposure, burglaries and many more. Across the nation numerous rapes and sexual assaults, including at least one report of a gang rape have been reported to authorities.
Three #OccupyWallStreet men reportedly threatened the life of at least one sexual assault victim, warning her not to complain to authorities. Historically one of the most successful applications of the RICO statutes has been the ability to indict or sanction individuals for their behavior and actions committed against witnesses and victims in alleged retaliation or retribution for cooperating with federal law enforcement or intelligence agencies. Hello? Eric Holder & Co.–is anyone home?
In order for RICO statutes to apply there must be a pattern of criminal activity. In order to determine whether the facts of a specific case give rise to an established pattern the acts must “have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events.” (H.J. Inc. v. Northwestern Bell Telephone Co.) Continuity of criminal conduct is also required, the type of continuity that by its nature projects into the future with a threat of repetition.
Hello? Department of Justice? What an I missing here?
RICO prosecutions and civil suits have been pursued in the past against The Hells Angels Motorcycle Club, Catholic Priests in Sex Abuse cases, Pro-Life activists and the Gambino crime family–among countless others. Some have been successful, others have not. Arguably none of the above organizations have wrought havoc to American cities and produced the sheer numbers of crime victims as the #OccupyWallStreet offenders have. And the property damage done during the #occupy protests riots? Well into the millions of dollars.
One could surmise that Obama administration, under the guise of preserving the First Amendment rights of occupiers, is simply allowing this wayward band of malfeasants to do it’s dirty work. Is the administration, via its top crime fighter Eric Holder simply turning a blind eye to women being sexually assualted by occupiers–then threatened? A RICO prosecution, along with its concomitant injunctions and restraining orders could slam the door shut on this crime scourge. It’s possible that Eric Holder is simply too busy dealing with the legal and Congressional aftermath of Fast and Furious to deal with the nationwide crime wave known as #OccupyWall Street.
Inaction by our federal government in light of the staggering criminality of #OccupyWallStreet is inexcusable. If the Obama Administration can give thumbs up to #OWS, which it has, then it should be responsible for the prosecution of #OWS criminals.
If RICO could be applied to a handful of bungling Whirlpool appliance repairmen, it can certainly be applied to those responsible for the first great crime wave of the twenty-first century.
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