The Racketeer Influenced and Corrupt Organizations Act (commonly referred to as RICO Act or 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. 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 intended use was to prosecute The Mafia as well as others who were actively engaged in organized crime, its application has been more widespread.
Or Conspiracy
Federal criminal conspiracy
by Scott A. Aftuck , Erica J. Dominitz , Stephanie A. Pickels
The general federal conspiracy statute makes it a crime for "two or more persons
conspire . . . to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose."(1) It is distinct from the substantive crime contemplated and is charged as a separate offense.(2) Conspiracy is one of the most commonly charged federal crimes.(3)
The Supreme Court has described the gravity of the conspiracy offense:
For two or more to confederate and combine together to commit or cause to be committed a breach of the criminal laws, is an offense of the gravest character, sometimes quite outweighing, in injury to the public, the mere commission of the contemplated crime. It involves deliberate plotting to subvert the laws, educating and preparing the conspirators for further and habitual criminal practices. And it is characterized by secrecy, rendering it difficult of detection, requiring more time for its discovery, and adding to the importance of punishing it when discovered.(4)
In addition to section 371, there are specific provisions proscribing conspiracy in more than twenty federal statutes.(5) These provisions attach to the particular substantive offenses of the statute in which they appear. Section 371, on the other hand, is generally applicable to any conspiracy where the goal is to "commit any offense against the United States, or to defraud the United States."(6) It proscribes any agreement to violate a civil or criminal federal law.(7)
Section 371's "defraud" clause broadly applies to "any conspiracy for the purpose of impairing, obstructing, or defeating the lawful function of any department of government.'"(8) It is not necessary that the conspiracy subject the government to property or pecuniary loss.(9)
The essential features of a conspiracy, secrecy and concealment,(10) make conspiracies difficult to prosecute, especially if they are successful. Consequently, the law lessens the government's burden of proving the essential elements by only requiring a showing of the "essential nature of the plan" and " connections with it" to ensure that conspirators do not "go free by their very ingenuity."(11)
Section one of this article introduces the basic elements of the offense of conspiracy under section 371. Defenses available to challenge charges brought under the statute are discussed in section two of the article, and various procedural and substantive rules regarding enforcement of the statute are surveyed in section three. The final section discusses the evidentiary and constitutional guidelines governing admissibility of co-conspirator hearsay testimony at trials involving conspiracy charges.
I. Elements of the Offense
There are four elements necessary for proving a criminal conspiracy, each of which the prosecution must prove beyond a reasonable doubt.(12) A conspiracy exists where: (1) there is an agreement between the parties; (2) to achieve an illegal goal; (3) with knowledge of the conspiracy and with actual participation in the conspiracy; and (4) at least one conspirator committed an overt act in furtherance of the conspiracy.(13)
A. Agreement
The first essential element that the government must prove to establish a conspiracy is existence of an agreement between two or more persons(14) to work together toward a common goal. Co-conspirators may enter the agreement at any time during the course of the conspiracy.(15) The "essence" of a conspiracy "is an agreement to commit an unlawful act."(16) However, it is not necessary for the government to prove a formal agreement.(17) An understanding among conspirators is sufficient to constitute an agreement,(18) and this element may be proven through circumstantial evidence(19) or may be inferred from the defendant's actions.(20) The existence of a conspiratorial agreement may also be proven by evidence of previous similar criminal activities.(21)
Under section 371, an agreement between only two actors, one of whom is a government agent, cannot support a conspiracy conviction.(22) However, a government agent, often a government informant, can serve as a link between a true conspirator and a defendant.(23)
B. Illegal Goal
The second essential element in a federal conspiracy charge is that the conspiracy had an illegal goal.(24) To convict a defendant on a federal conspiracy charge, the government must establish that the aim of the conspiracy was to violate a federal law or to defraud or hinder a lawful federal government objective.(25) While the "statutory language is not confined to fraud as that term has been defined in the common law"(26) and although the Supreme Court's language in Hammerschmidt v. United States(27) seemed to require that the means to defraud be dishonest,(28) Supreme Court cases both prior and subsequent to Hammerschmidt have upheld conspiracy convictions which did not charge dishonest or deceptive means.(29) Some circuits have affirmed convictions on conspiracy counts absent allegations of fraud or dishonesty,(30) while other circuits require such a showing.(31) It is not necessary that the conspirators intend or know that the conspiracy will violate federal law; a concert of action is sufficient to prove this element.(32)
C. Intent and Participation
The third element the government must prove is that the defendant knew of the conspiratorial agreement and voluntarily participated in it.(33) The government need not prove that the defendant knew all the details(34) or objectives(35) of the conspiracy, or that the defendant knew the identity of all the participants in the conspiracy.(36) The criminal intent to commit the substantive offense is established by the formation of the conspiracy.(37) Thus, the existence of a conspiracy and a...
http://www.questia.com/googleScholar.qst;jsessionid=J61N8T4K1PJ1wJJY7xbyyysTKskNX48mldr2HZS8fnyP5gygTCLT!832988903?docId=5000287148
Printer-friendly format
Email this thread to a friend
Bookmark this thread
(1000+ posts)
Send PM |
Profile |
Ignore
